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Why we quashed terrorism charge against Nnamdi Kanu — Appeal Court

Published

2 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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Edo court sentences three to death by hanging for kidnapping, murder

Published

13 hours ago

April 17, 2024

Trends Admin

Edo court sentences three to death by hanging for kidnapping, murder

An Edo State High Court has sentenced three persons to death by hanging for armed robbery, kidnapping and murder.

They were convicted and sentenced by Justice Irele-Ifijeh of the Edo State High Court, Benin City.

The convicts are identified as Solomon Abuede, James Monday and Kelvin Edward.

They were sentenced to death for armed robbery, kidnapping and the murder of one Ephraim Akhere in Ihumudumun quarters in Ekpoma, the headquarters of Esan West Local Government Area of the state

Justice Ifijeh also sentenced one Oviasogie Sunday, alias Alhaji of Kano, to life imprisonment for receiving an Infinity Jeep with registration number EFR 218 FB, property of the late Ephraim, which was stolen after the murder.

The convicts were among the six persons arraigned before Justice Irele-Ifijeh in suit number: HEK/25c/24 on a six-count charge of armed robbery, kidnapping, conspiracy and receipt of stolen property.

The court, however, exonerated two others accused, David Williams and Monday Ozomo, for lack of evidence linking them to the robbery and kidnapping.

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In her judgment, Justice Ifijeh held that the kidnappers rode on a motorcycle, armed with dangerous weapons, kidnapped their victims and asked Ephraim, the driver and Sandra to move to the back seat and lower their heads while Solomon took over the driver’s seat.

The judge averred that the convicts then drove to the bank while two of them stayed with their victims inside the car.

She added that the other went to the bank with Ephraim’s ATM card to withdraw money from his account.

She disclosed that after the withdrawal, the convicts were said to have driven to an uncompleted building where one of them named Solomon Abuede threw Ephraim into a well after giving him rat poison to swallow, while the girl was given the option of jumping into the well or eating the rat poison.

The judge, further said that Solomon who provided the rat poison later spared the girl’s life but raped her instead.

The judge further added that James Monday who was said to have provided the gun used for the operation and Monday Ozomo took the Infinity Jeep and two other stolen vehicles to Kano where Oviasogie paid N420,000 for the Infinity Jeep out of the agreed N500,000

In a 91-page judgement, Justice Irele-Ifijeh said the confessional statements of Solomon Abuede, James Monday and Kelvin Edward that they participated in the armed robbery were corroborated by the evidence of one Sandra, a prosecution witness who was in the same vehicle and kidnapped along with the late Ephraim.

The judge, who said the offences were committed on June 13, 2023, said that the conviction of the three persons was in line with Section 3 of the Kidnapping Prohibition Amendment Law of Edo State 2013 and the Armed Robbery and Firearms Act.

Three to die by hanging for kidnapping, murder in Edo

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BREAKING: Police arraign 29 Yoruba Nation agitators in Ibadan

Published

15 hours ago

April 17, 2024

Trends Admin

BREAKING: Police arraign 29 Yoruba Nation agitators in Ibadan

No fewer than 29 suspects were on Wednesday arraigned before the Chief Magistrate Court for involvement and roles in aborted invasion of the Oyo State Government Secretariat on Saturday, April 13.

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The offences, according to the Investigative Police Officer, Bakare Rasaq, an Inspector with the State Criminal Investigation Department, Iyaganku, Ibadan is contrary to and punishable under Section 516 of the Criminak Code, Cap 38, Vol.II, Laws of Oyo State of Nigeria, 2000.

The number is an increase of eight more following the parade of 21 suspects erier by the Oyo Police Command.

The case with charge number Mi/520c/2024 is between the Commissioner of Police vs the 29 suspects.

BREAKING: Police arraign 29 Yoruba Nation agitators in Ibadan

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Whereabouts of two FRSC officials unknown over five weeks after abduction

Published

19 hours ago

April 17, 2024

Trends Admin

Whereabouts of two FRSC officials unknown over five weeks after abduction

The Federal Road Safety Corps (FRSC) in Ebonyi has confirmed the abduction of two of its personnel by gunmen along the Abakaliki-Enugu highway.

Sector commander of the FRSC in Ebonyi, Henry Igwe, told journalists on Tuesday in Abakaliki that both personnel were abducted on March 8.

Igwe said the two personnel had concluded their duties at the corps’ Nkalagu office and were returning to Enugu when they were abducted.

He said the corps contacted their families, who informed them that the officers had yet to return home.

“The families said that some people contacted them that they were kidnappers and were demanding ransom.

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“The negotiations are between the families and kidnappers, and as an organisation, we have been doing the much we can,” he said.

The sector commander said his office had informed its headquarters of the development and formally reported to relevant security agencies.

He noted that it had not been established that the personnel were either alive or dead, but the fact remained that they had not been seen.

Jude Okpor, Ebonyi Commissioner for Information and Orientation, dismissed the insinuation that the state government was nonchalant about the situation.

“The matter has inter-state connectivity, and the government has initiated measures with its affected sister state to nip it in the bud,” he said.

DSP Joshua Ukandu, the police public relations officer in Ebonyi, urged families of victims to report such incidents to the command so that it can establish whether the incident happened at the Ebonyi axis of the road.

“The situation is more of an Enugu issue, and information on it should be sought from the Enugu command of the force.

“I believe some steps are being taken to combat it, but our safer highway teams stationed on the affected axis always assist commuters in crossing safely from the area,” he said.