The Federal High Court, Abuja, has fixed February 10 to rule on whether or not it will dismiss the treason charges preferred against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The court would also rule on whether or not to quash the charges preferred against three other defendants, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, who were charged along with Kanu.
Similarly, the court would give a ruling on an application bordering on the competence of the charge against Kanu, the first defendant.
The four defendants are standing trial for alleged treasonable felony and terrorism.
At the resumed hearing, yesterday, Kanu’s Counsel, Mr Ifeanyi Ejiofor, argued that his client’s application challenging the charge against him was based on the fact that there was no case against him.
“Our application was premised on the fact that the proof of evidence attached to the charge cannot sustain the charge because it did not disclose a prima facie case against Kanu.”
According to him, the proof of evidence is empty, baseless and unfounded and in that circumstance, the court is required to quash the charge and discharge and acquit the person involved.
“He is being accused of committing an offence of treasonable felony and also conspiracy to commit treasonable felony, the law requires that ingredients of the said treasonable felony should be established.
“But the defendant was not found with any arms, was not caught with anybody holding a meeting, never said he was coming to overthrow the president of the country.
“They are merely exercising their right to self-determination which is clearly provided under article 20 of the African Charter of Human and Peoples Rights and also under article 1 and 55 of the United Nations Charter.’’
He said these were constitutional rights and could not translate to a case of treasonable felony.
Counsel to the 2nd to 4th defendants, Mr Inalegwu Adoga, Mr E.I Esene and Mr Maxwell Okpara, all made similar arguments.
They all held that the proof of evidence attached to their clients’ charge did not establish a prima facie case against them and should be quashed.
Adoga, in his argument, said that his client was arrested for his intentions and not because of an overt act, adding that the prosecution’s case against his client was based on mere sentiments.
On his part, Okpara added that his client was only brought into the matter in order to convict the first defendant.
The prosecuting counsel, Mr Shuiabu Labaran, opposed the applications on the grounds that they had no substance.
The judge, Justice Binta Nyako, adjourned till Feb. 10 to rule on the applications.
Nyako had said on Tuesday that the ruling on the applications would determine whether the case would be terminated or continued.
Mr Osaro Odemwingie, a representative of the British High Commission, was in court to witness the proceedings, while placard carrying IPOB members were outside the court complex singing and dancing.
Meanwhile, an Abuja Federal High Court, yesterday, suspended the secret trial of the leader of the Indigenous People of Biafra (IPOB), till further notice, even as both IPOB and the Biafra Independent Movement (BIM) have disagreed on tactics and strategy for achieving their desired goal.
Justice Binta Nyako announced the suspension of the trial, yesterday, following a prima facie suit filed by Nnamdi Kanu’s counsel, Ifeanyi Ejiofor challenging the veracity of the charges levelled against them.
Shortly after his introduction, Ejiofor argued that the charges against the defendants lack merit and basic proof.
According to Ejiofor, “Nnamdi Kanu (the first defendant) is only exercising his right to self-determination.”
He contended that the defendants started their agitations before Muhammadu Buhari emerged as President; hence do not pose any threat to the Federal Government.
After listening to his argument, Nyako suspended the trial till further notice.
Kanu alongside Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, are currently facing trial before the Justice Nyako–led court for charges bordering on treasonable felony.
However, the leadership of Indigenous People of Biafra (IPOB), has come hard on the leader of Biafra Independent Movement (BIM), Chief Raph Lebeanya Uwazurike to prove how their leader, Nnamdi Kanu and other leaders of IPOB are frauds and have been deceiving Biafrans and the world as he has alleged.
To show that they are serious about the spurious allegation, the organisation has given Uwazurike four days to recant his allegation or they will expose his evil deeds that led to his expulsion from MASSOB so that the world will know who is deceiving the Biafrans and the world.
A statement signed by the Deputy Leader of the organisation, Mazi Uche Mefor, and image makers, Barr. Emma Mmezu and Dr. Clifford Iroanya, respectively, gave Uwazurike four days to expose IPOB leadership or they will open cans of worms capable of drowning the BIM for life in Nigeria, Biafra and the entire world.
The organisation, in the statement, said that if Uwazurike had been committed to the restoration of Biafra as he made people believe, there wouldn’t have been need for the formation of other pro-Biafra liberation movements like IPOB, BZM and even his BIM.