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Why we quashed terrorism charge against Nnamdi Kanu — Appeal Court

Published

3 years ago

October 14, 2022

Leader of Indigenous people of Biafra (IPOB), Nnamdi Kanu

The Court of Appeal on Thursday in Abuja quashed the terrorism charge brought against the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu.

This was disclosed during the delivery of the judgment in an appeal filed by Kanu against the Federal Government.

The three-member panel of the Court of Appeal, led by Justice Hanatu Sankey, in a unanimous judgment, held that the respondent, by not responding to the appellant’s submissions, conceded to the allegation that Kanu was forcefully renditioned from Kenya to Nigeria.

The judgment, read by Justice Adedotun Adefope-Okijie, held that it was necessary for the Federal Government to prove the legality of Kanu’s arrival to Nigeria.

The appellate court held that the respondent flouted the Terrorism Act and was also in violation of all known international conventions and treaties guiding extradition process, thus breaching the rights of the defendant.

The court further held that having illegally and forcefully renditioned the appellant, the trial court is stripped of jurisdiction to continue to try Kanu.

The appellate court held that the Federal Government’s action “tainted the entire proceedings” it initiated against Kanu and amounted to “an abuse of criminal prosecution in general”.

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It added: “The court will never shy away from calling the Executive to order when it tilts towards executive recklessness.”

Therefore, the appeal has merit, the appellate court held.

Arguing the appeal, Kanu’s lawyer, Mike Ozekhome (SAN), on September 13, 2022 told the three man panel that Kanu was first arraigned on December 23, 2015 and granted bail on April 25, 2017.

Ozekhome explained further that agents of the Federal Government (the respondent) had launched a military operation, code named: “Operation Python Dance,” at the appellant’s home town in Abia State in September 2017, which forced him to escape out of the country, to Israel, then United Kingdom.

He recalled that on June 27, 2021, “the Federal Government forcefully arrested Kanu in Kenya and renditioned him back to Nigeria in most cruel and inhuman manner.

“On 29 June, 2021, the appellant was taken to court by the Federal Government, where he was rearraigned.

“Following the appellant’s preliminary objection to the 15-count charge preferred against him by the Federal Government, the trial judge, Justice Binta Nyako of the Federal High Court, Abuja, on April 8, 2022, struck out eight counts.

“Our humble submission is that the remaining seven counts ought not to be retained by the trial court because, before the time Kanu was renditioned to Nigeria from Kenya, he was facing five-count charge.”

Ozekhome submitted that going by section 15 of the Extradition Act, “Kanu is not supposed to be charged without the approval of Kenyan government.

“The remaining seven counts cannot stand, being filed illegally without following due process under the rule of specialty as envisaged under section 15 of the Extradition Act.

“Counts 1, 2, 3, 4, 5 and 8, which were retained by the Federal High Court, were offences allegedly committed by the appellant (Kanu) before his forceful rendition to Nigeria.

“These allegations of rendition were never denied by the Federal Government and you cannot sustain the charge when you extradited the appellant without the approval of Kenyan authority.”

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In addition, Ozekhome argued that when charging for an offence, “you must mention the particulars and location where the office was committed.

“But in this case, the appellant was charged without stating where the offence was allegedly committed.”

Kanu’s lawyer contended that by section 45 (a) of the Federal High Court Act, with regards to criminal charge, the trial court does not have “global jurisdiction”.

More so, “Section 195 and 196 of Administration of Criminal Justice Act state that a charge must have date, time, location, etc”.

Ozekhome insisted that there was no need for the FHC to retain the remaining seven counts and therefore urged the panel to take over the charges and strike them out.

The senior lawyer also asked the appellate panel to hold that the respondent has not furnished the court with any prima facie case against the appellant, for which he is being charged.

Reacting, the Federal Government’s lawyer, David Kaswe, urged the court to dismiss the appeal for lacking in merit.

The News Agency of Nigeria reports that Kaswe specifically prayed the appellate court to review the April 8 ruling of the trial court, which struck out only eight out of the 15-count charge.

Insisting that the charge the Federal Government entered against him had no basis in law, Kanu, in his appeal dated April 29 and marked CA/ABJ/CR/625/2022, applied to be discharged and acquitted.

Kanu equally urged the appellate court to order his release on bail, pending the determination of his appeal.

Though the appeal was initially fixed for October 11, however, following an application the embattled IPOB leader filed for abridgement of time, the appellate court brought the matter forward for hearing.

Eagle

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EFCC Arraigns Former NRC MD Fidet Okhiria Over $385,000, ₦165m Fraud

Published

28 minutes ago

February 24, 2026

Trends Admin

EFCC Arraigns Former NRC MD Fidet Okhiria Over $385,000, ₦165m Fraud

The Economic and Financial Crimes Commission (EFCC) has arraigned Fidet Okhiria Edetanle, former Managing Director of the Nigerian Railway Corporation (NRC), on multiple charges of money laundering, abuse of office, and unlawful enrichment involving over $385,000 and ₦165 million.

Edetanle was arraigned on Tuesday at the Ikeja Special Offences Court, Lagos, before Justice Rahman Oshodi, facing a seven‑count indictment alleging that he illegally transferred large sums from his Access Bank domiciliary account to foreign accounts, including one in ABN AMRO Bank, Netherlands. The charges contravene Sections 332(1) and 332(3), 73(1), and 82(c) of the Criminal Law of Lagos State, 2011, which criminalize unlawful enrichment, abuse of office, and money laundering by public officials.

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According to the EFCC, one of the counts involves the transfer of $205,000 between May 29 and September 11, 2024, from Edetanle’s domiciliary account to the account of Ehimen Richard Okhiria in the Netherlands. Another count alleges that between October 21 and November 21, 2024, Edetanle transferred $40,000, part of a cumulative total of $385,000 and ₦165,438,000, to the same foreign account, all purportedly proceeds of unlawful activities.

When the charges were read, Edetanle pleaded “not guilty” to all counts. Following his plea, EFCC counsel Abba Muhammad, SAN, requested that the court set a trial date and remand the defendant in a correctional facility pending proceedings. His lawyer, Adebowale Kamoru, requested a short adjournment to prepare a bail application.

Justice Oshodi subsequently remanded Edetanle in a maximum-security correctional facility and adjourned the trial to May 13, 14, and 15, 2026, for commencement of the substantive proceedings, including bail determination.

The arraignment is part of the EFCC’s ongoing crackdown on financial crimes and corruption involving senior public officials, highlighting the agency’s intensified efforts to tackle money laundering, abuse of office, and unlawful enrichment in Nigeria’s public sector.

EFCC Arraigns Former NRC MD Fidet Okhiria Over $385,000, ₦165m Fraud

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BREAKING: El-Rufai Asks Court to Quash DSS Charges, Demands ₦2bn Damages

Published

4 hours ago

February 24, 2026

Trends Admin

Operatives of the Department of State Services (DSS) have taken former Kaduna State governor Nasir El-Rufai

BREAKING: El-Rufai Asks Court to Quash DSS Charges, Demands ₦2bn Damages

Former Kaduna State Governor, Nasir El-Rufai, has filed a motion before the Federal High Court seeking to quash criminal charges instituted against him by the Department of State Services (DSS), describing the case as incompetent, politically motivated, and a gross abuse of court process.

The application challenges Charge No. FHC/ABJ/CR/99/2026, which is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.

In the motion dated February 18, El-Rufai is asking the court to strike out or dismiss the charge, arguing that it discloses no offence known to law and fails to establish a prima facie case. He is also seeking an order discharging him entirely from the suit.

Beyond the request for dismissal, the former governor is demanding ₦2 billion in compensation against the DSS, alleging the unconstitutional use of criminal proceedings to harass, intimidate, and embarrass him.

According to court documents, the motion is anchored on 17 grounds, including claims that the charge cites offences not recognised under Nigerian law, lacks evidentiary backing, suffers from duplicity, and was filed without proper prosecutorial competence. El-Rufai also alleged bad faith, selective prosecution, and political persecution.

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The application further argues that the prosecution violates several provisions of the 1999 Constitution, including Section 36(5) on the presumption of innocence, Section 36(11) on the right against self-incrimination, and Section 36(12), which requires that criminal offences must be clearly defined in written law. He also cited alleged breaches of Sections 39 and 40, which guarantee freedom of expression and freedom of association.

El-Rufai’s legal team confirmed that the Director-General of the DSS was formally notified of the application through a letter dated February 18, detailing the filing and listing his legal representatives.

The DSS had earlier fixed February 25 to arraign El-Rufai over alleged cybercrime and national security breaches. The agency filed a three-count charge, accusing the former governor of unlawfully intercepting the telephone communications of the National Security Adviser, Nuhu Ribadu.

According to the DSS, the alleged acts contravene provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, as well as the Nigerian Communications Act, 2003.

One of the counts relates to statements allegedly made by El-Rufai during a live interview on Arise TV, where he claimed to have overheard directives concerning his detention. He linked the claim to what he described as an attempted arrest at the Nnamdi Azikiwe International Airport following his return from Cairo, Egypt.

As of the time of filing this report, the DSS has not issued a public response to the motion. Legal observers say the case raises critical questions about national security prosecutions, cybercrime laws, and the balance between state power and fundamental rights in Nigeria.

BREAKING: El-Rufai Asks Court to Quash DSS Charges, Demands ₦2bn Damages

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Troops Repel Ambush on GOC’s Convoy, Neutralise Five Lakurawa Terrorists in Kebbi

Published

4 hours ago

February 24, 2026

Trends Admin

Troops Repel Ambush on GOC’s Convoy, Neutralise Five Lakurawa Terrorists in Kebbi

Troops of the Nigerian Army escorting the General Officer Commanding (GOC) 8 Division, Bemgha Koughna, have repelled an attempted ambush and neutralised five suspected Lakurawa terrorists near Mayama Hill in Kebbi State.

The incident occurred as the GOC’s convoy was moving through a volatile forest corridor en route to visit frontline troops deployed in the state. Security sources said the convoy came under intense gunfire from armed elements believed to be members of the Lakurawa group, who attempted to exploit the terrain to launch a surprise attack.

The escorting troops responded swiftly with superior firepower, foiling what was described as a potentially deadly ambush and forcing the attackers to retreat. No casualties were recorded among the soldiers or the convoy.

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Following the engagement, the troops conducted a thorough sweep of the area, recovering a cache of weapons and other items believed to belong to the fleeing terrorists. Items recovered included one OJC gun, one PKT machine gun, two AK-47 rifles, four AK-47 magazines, a bandolier of PKT ammunition, 12.7mm rounds, a camel bag containing ₦840,000, two mobile phones, and five motorcycles.

Confirming the incident, the Acting Deputy Director, Army Public Relations, 8 Division, Lieutenant Colonel Olaniyi Osoba, said the attack occurred during the GOC’s operational movement to assess deployments and boost troop morale. He noted that the swift and decisive response of the soldiers secured the convoy and disrupted the terrorists’ plans.

Military authorities said troops remain deployed and vigilant in the Mayama Hill axis and surrounding forest routes, maintaining dominance to prevent further attacks and track down any fleeing elements.

The operation, according to the Army, underscores its commitment to protecting civilians, securing major routes, and eliminating terrorist threats across the North-West region amid sustained security operations.