Pro-Biafra: Kanu Loses Bid To Retrieve Money, Passport

The Federal High Court in
Abuja on Tuesday dismissed an application by leader of Pro-Biafra group, Nnamdi Kanu, for the retrieval of his items held by the State Security Services (SSS).
Our correspondent reports that the items, include 2,200 dollars, N87,000 and Nigeria/British International Passports.
Kanu, David Nwawusi and Benjamin Madubugwu were charged with treasonable felony, unlawful possession of firearms and conspiracy.
In his ruling, Justice John Tsoho, held that the application lacked merit.
“I have considered the submissions of both counsel to the parties and found that Section 10 (7) of the Administration of Criminal Justice with which the objection of the prosecution hinges is not applicable here.
“I also hold that the prosecution was wrong to assert that the applicant should have approached the Attorney-General of the Federation with the request for the release of the items.
“There is no doubt that the defendant (Kanu) that owns the said items has been formally arraigned before this court, and therefore, the court assumes total control of proceedings,” Tsoho held.
The judge further said: “just as the prosecution is not confined to only witnesses listed in the matter, they are not also restricted to the 70 exhibits listed in the proof of evidence.
“In the circumstance, the prosecution was right to be in the custody of the items since we cannot tell whether or not those items could become relevant in the trial.
“The application, therefore, lacked merit and it is dismissed,’’ Tsoho held.
Chief Chucks Muouma (SAN), Counsel to Kanu, filed the application seeking the release of the items because they were not listed as exhibits to be tendered in court.
“My Lord, we have sought the retrival of the items because they will not be needed by the prosecution since they are not listed as part of exhibits to be tendered.
“My Lord, Section 10 (7) of the Administration of Criminal Justice which forms the strength of the prosecution’s objection is not relevant in the instant case as the applicant had been arraigned.
“The prosecution cannot continue to hold on to Kanu’s money as if to say he is standing Money Laundering trial.
“We urge the court to order the release of those items in the interest of justice,’’ Muouma said.
On his part, Mr Mohammed Diri, the Prosecuting Counsel, urged the court to dismiss the application, saying that those items could still be used as evidence during the trial.
“My Lord, this is not the appropriate time for the application, at best it should be brought when the prosecution has closed it case.
“The court should close its eyes to the fact that the applicant sneaked into the country without the use of the two International Passports bearing his names.
“The court is therefore invited to take judicial notice of the travel documents as they have become real issues to worry about,’’ Diri said.
The judge adjourned the matter till February 9 when the application for secret trial filed by the prosecution will be entertained.
In the interim, Tsoho orders that the close relations of the three defendants should be allowed to attend the trial subject to thorough security screening.
Tsoho also ordered that the defendants be returned to the Kuje Prison.