Why we quashed terrorism charge against Nnamdi Kanu — Appeal Court – Newstrends
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Why we quashed terrorism charge against Nnamdi Kanu — Appeal Court

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2 years ago

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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.

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NURTW scribe felicitates Nigerians on Xmas, urges caution 

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3 hours ago

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December 22, 2024

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NURTW scribe felicitates Nigerians on Xmas, urges caution 

 

The General Secretary of the National Union of Road Transport Workers (NURTW), Comrade Kayode Agbeyangi, has enjoined Nigerians to imbibe the virtues of peace, love and compassion as taught through the birth of Jesus Christ.

He stated this in his Christmas and end of the year goodwill message to felicitate members of the union and Nigerians in general.

Agbeyangi urged Nigerians to use the festive season to reflect on the values of love, compassion, and sacrifice that Jesus Christ embodied.

“This period is not for merry making alone; we should also spare time to reflect on the birth and life of Jesus Christ.

“His birth teaches humility, love compassion and sacrifice. As Nigerians, we must show love to our fellow county men. We must love our country. As Nigerians, we must be ready to make sacrifices for the nation.”

The NURTW scribe also used the opportunity to appeal to members of the union and other road users to always exercise caution and adhere to all safety protocols while travelling during the festive season.

“As we celebrate, let us not forget the importance of road safety. The roads can be treacherous, especially during the festive season.

“I urge our members and all road users to drive safely, avoid overspending, overtaking at dangerous bends and overloading, and be courteous to other road users,” he stated.

He also advised drivers that all their vehicle papers should be up to date to avoid embarrassment from law enforcement officers on the highways.

Comrade Agbeyangi prayed for a peaceful and joyous celebration, and wished members of the union and Nigerians, a happy prosperous New Year.

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Why we displayed ‘Jesus Christ is not God’ banner at Lekki mosque -Imam

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3 hours ago

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December 22, 2024

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Why we displayed ‘Jesus Christ is not God’ banner at Lekki mosque -Imam

 

The Chief Imam of Lekki Central Mosque in Lagos, Ridwanullah Jamiu, has said the “Jesus Christ is Not God” banner placed on the fence of the mosque was not intended to provoke anybody. The banner became a source of controversy after a picture of it was shared on social media, with many calling it an…

The Chief Imam of Lekki Central Mosque in Lagos, Ridwanullah Jamiu, has said the “Jesus Christ is Not God” banner placed on the fence of the mosque was not intended to provoke anybody.

The banner became a source of controversy after a picture of it was shared on social media, with many calling it an attack on the Christian faith.

 

Addressing his congregation, Jamiu said the banner was displayed to educate Muslims.

 

He said, “When you come to Lekki Central Mosque, at least you should learn something. You pass by the banners outside, you look here and there, you learn something because Islam treasures knowledge.”

The Imam said all the banners displayed outside the mosque contain Quran and Hadith verses.

 

He said after a photo of one of the banners went viral, he “received calls from the government, local government, and area command appealing to us to please remove the banners because of the festive period.”

 

He said the display of the banners was not to provoke anyone, noting that there’s a difference between propagation of Islam and provocation.

 

“It was not placed there just yesterday. It has been there for about two months or thereabout. We are peace loving people, we don’t provoke anyone. We only propagate our name,” he said.

Jamiu further stated that nobody can monopolise Jesus because Muslims also have what they believe about him as backed by the Quran which calls him Isah.

 

“If you don’t believe in Jesus, you are not a Muslim. We are Muslims and anything we believe must be in consonant with the Quran and the Quran says Jesus Christ is not God, he’s a messenger of God. We quoted this verse in the banner. Is there anything wrong if we paste what we believe on our territory to educate our congregation? It’s a verse of the Quran. This is freedom of religion, freedom of speech,” he said.

 

On the removal of the banner, Jamiu said he received multiple calls ascribing the gesture as cowardice.

 

 

“It is not cowardice. We removed it to let peace reign, to obey our government because we are peace-loving people and also because we know it’s a festive period, people may think it was actually calculated to enrage others. We are going to modify it and put it back. We are not cowards,” he said.

 

The banner has since been replaced with another which says “A

llah is the lord of Jesus.”

 

Why we displayed ‘Jesus Christ is not God’ banner at Lekki mosque -Imam

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CBN fines bank found hoarding cash N150m

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6 hours ago

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December 22, 2024

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CBN fines bank found hoarding cash N150m

The Central Bank of Nigeria (CBN) has imposed a N150 million fine on a commercial bank for failing to dispense cash through its Automated Teller Machines (ATMs).

This action follows an unannounced inspection by the apex bank, which uncovered deliberate cash hoarding and ATM manipulation by the erring bank.

Sources within the CBN revealed that the sanctioned bank was caught disabling its ATMs, thereby denying customers access to their funds while prioritizing cash disbursements to select VIP clients.

A staff member of the CBN stressed that the apex bank would not tolerate such practices.

“The Bank will not spare any Deposit Money Bank (DMB) caught in the act of hoarding cash or found favoring VIP customers over other customers,” the official stated.

To this end, the CBN has intensified spot checks on banks nationwide, exposing various illicit cash-handling practices by some unscrupulous financial institutions.

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For now, the CBN is imposing financial penalties on defaulting banks. However, according to the official, the next phase of enforcement will include publicly naming and shaming offending banks and prosecuting implicated bank officials.

“This fine is just the beginning. The CBN is determined to hold banks accountable for any actions that undermine public trust and the integrity of the banking system,” the official added.

Despite the ongoing challenges, the CBN has reiterated its commitment to promoting cashless banking in the country.

Another senior official disclosed that the apex bank’s management is intensifying efforts to encourage the use of electronic channels for transactions.

“The frustration faced by account holders is undermining our push for a cashless economy. We are doubling down on initiatives to restore public confidence in electronic banking solutions,” the official said.

CBN fines bank found hoarding cash N150m

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