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Appeal court reserves judgement in Nnamdi Kanu suit
The Court of Appeal in Abuja has reserved judgment in an appeal filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), challenging criminal charges filed against him.
The three-member panel of justices led by Jummai Hanatu, after taking submissions from both parties, said it would communicate a date for the judgement.
Kanu was re-arraigned on an amended 15-count charge bordering on treasonable felony preferred against him by the Federal Government.
However, on April 8, the judge struck out eight of the 15 charges.
But Kanu through his team of lawyers led by Mike Ozekhome, filed an appeal marked, asking the court to quash the remaining seven counts for lacking in merit.
He is also praying the court to order his release on bail, pending the determination of his appeal.
Although the appeal was initially fixed for October 11, the court granted Kanu’s application for abridgement of time.
Moving the application at the court session on Tuesday, Ozekhome alleged that his client was forcefully abducted from Kenya and illegally sent back to the country.
He told the court that his client was first arraigned on December 23, 2015, and was later granted bail on April 25, 2017.
“My Lords, he was enjoying this bail without breaching the terms. However, he was in his ancestral home when agents of the respondent invaded his home in September 2017,” he said.
The senior advocate of Nigeria also said, “He barely escaped alive by sheer providence and found himself first in Israel and later in London.
“When the appellant travelled from London to Kenya, agents of the respondents, on June 27, 2021, forcefully abducted the appellant, tortured and renditioned him back to the country without following any extradition process.”
He argued that under the “doctrine of speciality” as provided for in section 15 of the Extradition Act, the federal government ought to have proceeded to try Kanu on the initial five-count charge on which he was re-arraigned before he fled the country.
He argued that Kenya, being the country from where Kanu was arrested and extraordinarily renditioned to Nigeria, ought to have authorised his extradition and the new charges he is facing.
“This allegation of his forceful abduction and rendition was never denied by the respondent,” Ozekhome said.
Ozekhome also said, “More so My Lords, the charge appears to give the lower court a global jurisdiction over offences that were allegedly committed by the appellant, without specifying the location or date the said offences were committed.
“There was no need for the lower court to have retained the remaining seven-count charge.
“The seven counts cannot stand being filed without following due process.
“We are therefore urging My Lords to strike out the remaining counts and hold that the respondent has not established any prima-facie case against the appellant for which he could be tried.”
Responding, David Kaswe, counsel to the Federal Government, urged the court to dismiss the appeal for want of merit.
“My Lords, it took four years and huge resources to get the respondent arrested and brought back to face the charges against him,” he said.
The lawyer also said, “The prosecution is ever willing and eager to proceed with trial of the appellant.
“We are saying that the trial court was even wrong to have struck out the eight counts as it did.
“It is only after FG has produced all its witnesses and tendered its evidence that the appellant could claim that no prima-facie case was established.
“Finally, we urge this court to dismiss the appeal for lacking in merit.”
News
Why governors’ forum is silent on Rivers emergency, by DG
Why governors’ forum is silent on Rivers emergency, by DG
The Nigeria Governors’ Forum (NGF) yesterday attributed its neutral position on the recent declaration of a state of emergency in Rivers State to the need to steer clear of taking positions that may alienate members with varying political interests.
Taking positions on contentious partisan issues, the NGF said, would not augur well for it, especially in view of its past experience in fundamental division.
Notwithstanding, the declaration of the state of emergency by President Bola Tinubu yesterday generated more kudos and knocks from across the country.
Special Adviser to the President on Senate Matters, Senator Basheer Lado, said the action of the president was meant to ensure protection of lives and restoration of law and order in the state, while the President’s Special Adviser on Media and Public Communications, Sunday Dare, said his principal was required to “avert needless harm and destruction .”
National Publicity Secretary of the ruling All Progressives Congress (APC), Felix Morka, said Tinubu, by his action, cleared what had manifested as a constitutional crisis in Rivers state.
But former President Goodluck Jonathan saw it from a different perspective.
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He described “abuse of office and power by the three arms of government in the country“ as a dent on Nigeria’s image.
The NGF, in a statement by its Director General Abdulateef Shittu, said it is essentially “an umbrella body for sub-national governments to promote unified policy positions and collaborate with relevant stakeholders in pursuit of sustainable socio-economic growth and the well-being of the people.”
It added: “As a technical and policy hub comprising governors elected on different platforms, the body elects to steer clear of taking positions that may alienate members with varying political interests.
“In whatever language it is written, taking positions on contentious partisan issues would mean a poor sense of history — just a few years after the forum survived a fundamental division following political differences among its members.
“Regardless, the Forum is reputed for its bold positions on governance and general policy matters of profound consequences, such as wages, taxes, education and universal healthcare, among others.”
It asked for “the understanding of the public and the media, confident that appropriate platforms and crisis management mechanisms would take care of any such issues.”
Why governors’ forum is silent on Rivers emergency, by DG
News
Rivers: Tinubu acted to save state, economy, says Karimi
Rivers: Tinubu acted to save state, economy, says Karimi
Chairman of the Senate Services Sunday Karimi has hailed President Bola Tinubu for the decision to declare a state of emergency in Rivers State.
He told reporters on Friday in Abuja that the President acted in the best interest of the State and Nigeria, having taken his decision in compliance with the Constitution.
“No President or government worth a name, will fold its arms and watch a political situation deteriorate to what we saw unfolding in Rivers State.
“We saw that bombing of pipelines had begun, and the security situation was getting worse with the tension everywhere”, Karimi stated.
Karimi, who represents Kogi-West on the ticket of the All Progressives Congress (APC), recalled the “fatherly role” Tinubu had played in the crisis since 2023 in a bid to get the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and suspended Governor Siminalayi Fubara to reach an understanding, to no avail.
He explained: “We were all here in 2023 when Mr President called that truce meeting at the Aso Rock Villa. There was the eight-point agenda for settlement reached between the factions.
“When Nigerians expected that progress should be made to achieve peace, things started deteriorating considerably to a point where the governor demolished the House of Assembly building and administered the state with only three legislators.”
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Karimi observed that with the recent judgment of the Supreme Court, which gave the upper hand to the 27 lawmakers loyal to the camp of the FCT Minister, matters merely got worse in the State as the lawmakers were set to impeach the Governor.
“What did you expect would be the implications? There would have been more destruction, killings and economic losses for the country.
“With the bombings that had already started, it was a matter of time before the whole state would be engulfed in flames. No responsible President would sit, arms folded, and allow that to happen “ he added.
The senator further argued that it took “painstaking efforts” by the administration to raise daily crude oil production to around 1,800 barrels, noting that Nigeria’s economy was already “witnessing a rebound under the renewed hope projects of the government.”
“Allowing the situation in Rivers to get worse before he would act, wouldn’t have helped the state or Nigeria as a country in any way.
“Mr. President intervened at the right time, and his actions are covered by law,” he said.
Karimi also spoke on the emergency declaration in Borno, Yobe, Adamawa and a couple of other states by former President Goodluck Jonathan without removing the Governors from office or suspending the state assemblies.
According to him, the case with those States was not generated by political crises but rather security concerns.
“So, I will advise those comparing the two scenarios to remember that one was purely about security threats resulting from the insurgency caused by Boko Haram, while that of Rivers is clearly political.
“It was the proper thing to do to suspend the political actors in the two factions to allow for tensions to diffuse. Nigerians should appreciate the President for the action he has taken so far,” he stated.
Sen. Karimi also noted that there was no cause for alarm as the National Assembly had indicated that the emergency rule could be reviewed as soon as there were signs that things could quickly normalise in Rivers State.
Rivers: Tinubu acted to save state, economy, says Karimi
News
Just in: Tinubu swears in Rivers Sole Administrator Ibas
Just in: Tinubu swears in Rivers Sole Administrator Ibok-ete Ibas
President Bola Tinubu has sworn in Vice Vice Admiral Ibok-ete Ibas (Retd.) as the Sole Administrator of Rivers State.
The administrator was sworn in on Wednesday after a short meeting with the President.
Tinubu announced the appointment of the retired naval chief at a nationwide broadcast on Tuesday, when he declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, Deputy Governor, Ngozi Odu, and the state House of Assembly members.
The President said his decision was based on Section 305 of the 1999 Constitution, saying he could not continue to watch the political situation in Rivers escalate without taking concrete action.
The suspension of Fubara and other elected representatives has been rejected and condemned by many eminent Nigerians, legal luminaries, groups such as Atiku Abubakar, Peter Obi, Femi Falana, the Labour Party (LP), the Peoples Democratic Party (PDP) and the Nigerian Bar Association.
However, the emergency rule has been praised by the pro-Nyesom Wike Assembly led by Martins Amaewhule, accusing Fubara of contravening the Supreme Court ruling on the political situation in the state.
Ibas was the Chief of Naval Staff from 2015 to 2021.
He is from Cross River State where he had his early education.
The new sole administrator went to the Nigerian Defence Academy in 1979 from where he proceeded to have a successful career in the Navy, rising through the ranks to the very top.
He is a member of the Nigerian Institute of International Affairs (NIIA) and the Nigerian Institute of Management.
President Muhammadu Buhari who appointed him as Chief of Naval Staff conferred him with the National Honour of Commander of the Federal Republic (CFR) in 2022.
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