Leader of Indigenous People of Biafra and founder of Radio Biafra, Nnamdi Kanu was, yesterday arraigned on a six-count charge bordering on treasonable felony before the Abuja division of the Federal High Court where he pleaded not guilty to all counts.
Meanwhile, the court presided by Justice John Tsoho has ordered that Kanu be transferred from the custody of the Department of State Services (DSS) to Kuje prison pending the hearing and determination of his bail application.
The decision of the court was against the request made by the Director of Public Prosecutions, Mr. Mohammed Diri, that he be kept in the custody of the DSS for security reasons.
Kanu has been in the custody of the DSS since October 14, 2015 when he was arrested by security agents .
His defence team, led by Chuks Mouoma (SAN), had complained that the DSS denied the accused access to his family members and lawyers.
Kanu was arraigned alongside Benjamin Madubugwu and David Nwawuisi.
Chuks Muoma (SAN), Kanu’s counsel, in his argument said his client should be detained in prison custody rather than by the DSS.
He argued that since his incarceration, his client has been kept incommunicado for three months within the confines of the DSS facility.
He further asked the court to send the accused to prison so that his family could visit him.
But, Mohammed Diri, counsel to the DSS in his objection said the accused should remain in DSS custody for security reasons.
After listening to both counsel, Justice John Tsoho ordered Kanu to be remanded in the custody of the Nigeria Prisons Services (NPS), Kuje, pending his trial for treason.
“Having considered all submissions and application before the court and relying on the constitution, an accused person should be remanded in prison custody,” he said.
The court further ordered that all arrangements for the transfer of the accused and all security measures needed should be undertaken by the federal government.
Kanu’s case was adjourned till Monday, January 25.
Kanu was arrested in Lagos on his arrival from the United Kingdom on October 2015.
Earlier, on December 23, 2015, when Kanu and the two co-accused were produced in court for arraignment, the IPOB leader refused to take his plea due to what he called his lack of confidence in the presiding judge, Justice Ahmed Mohammed.
Justice Mohammed had then returned the case file to the Chief Judge of the Federal High Court, who, thereafter, re-assigned the case to Justice Tsoho.
Kanu has been in the custody of the Department of State Services since October 14, 2015, the day he was arrested in a Lagos hotel, on the allegation that he was plotting the secession of Republic of Biafra from Nigeria.
In Imo State, Governor Rochas Okorocha accused some leaders of the opposition Peoples Democratic Party (PDP) and the All Progressives Grand Alliance (APGA) in the South East of being behind an alleged call that the Federal Government should hang Kanu for treason.
This was just as the governor denied attending any meeting with a group called “One Igbo Elders Forum” where he had allegedly made the call. He said it was part of an orchestrated media attack and blackmail against his person.
In a statement signed by Mr. Sam Onwuemeodo, his chief press secretary, Okorocha described the allegation as a “moonlight tale.”
The elements behind this latest “moonlight tale” also claimed that the Imo governor had made the call on January 15 in a meeting with what they called “One Igbo Elders Forum.” They did not mention the venue of the said meeting or those at the meeting. Incidentally, the same January 15 which was Friday was the day the governor travelled out of the country for a brief vacation.
Even before leaving Owerri on that day, he had attended the Armed Forces Remembrance Day celebration and laid the wreath of the Unknown Soldier. The event was at the Heroes’ Square, Owerri. From the venue of the Armed Forces Remembrance Day function, he moved straight to Imo Airport. And the question then becomes; at what point did this alleged meeting of Igbo Elders Forum take place?
And where? Who and who attended? Even those behind this falsehood must have known that what they had sent out for sale died on arrival.
Nobody can believe that kind of poorly scripted and poorly thought-out blackmail. But, we know why we have decided to respond.”
Meanwhile, the court presided by Justice John Tsoho has ordered that Kanu be transferred from the custody of the Department of State Services (DSS) to Kuje prison pending the hearing and determination of his bail application.
The decision of the court was against the request made by the Director of Public Prosecutions, Mr. Mohammed Diri, that he be kept in the custody of the DSS for security reasons.
Kanu has been in the custody of the DSS since October 14, 2015 when he was arrested by security agents .
His defence team, led by Chuks Mouoma (SAN), had complained that the DSS denied the accused access to his family members and lawyers.
Kanu was arraigned alongside Benjamin Madubugwu and David Nwawuisi.
Chuks Muoma (SAN), Kanu’s counsel, in his argument said his client should be detained in prison custody rather than by the DSS.
He argued that since his incarceration, his client has been kept incommunicado for three months within the confines of the DSS facility.
He further asked the court to send the accused to prison so that his family could visit him.
But, Mohammed Diri, counsel to the DSS in his objection said the accused should remain in DSS custody for security reasons.
After listening to both counsel, Justice John Tsoho ordered Kanu to be remanded in the custody of the Nigeria Prisons Services (NPS), Kuje, pending his trial for treason.
“Having considered all submissions and application before the court and relying on the constitution, an accused person should be remanded in prison custody,” he said.
The court further ordered that all arrangements for the transfer of the accused and all security measures needed should be undertaken by the federal government.
Kanu’s case was adjourned till Monday, January 25.
Kanu was arrested in Lagos on his arrival from the United Kingdom on October 2015.
Earlier, on December 23, 2015, when Kanu and the two co-accused were produced in court for arraignment, the IPOB leader refused to take his plea due to what he called his lack of confidence in the presiding judge, Justice Ahmed Mohammed.
Justice Mohammed had then returned the case file to the Chief Judge of the Federal High Court, who, thereafter, re-assigned the case to Justice Tsoho.
Kanu has been in the custody of the Department of State Services since October 14, 2015, the day he was arrested in a Lagos hotel, on the allegation that he was plotting the secession of Republic of Biafra from Nigeria.
In Imo State, Governor Rochas Okorocha accused some leaders of the opposition Peoples Democratic Party (PDP) and the All Progressives Grand Alliance (APGA) in the South East of being behind an alleged call that the Federal Government should hang Kanu for treason.
This was just as the governor denied attending any meeting with a group called “One Igbo Elders Forum” where he had allegedly made the call. He said it was part of an orchestrated media attack and blackmail against his person.
In a statement signed by Mr. Sam Onwuemeodo, his chief press secretary, Okorocha described the allegation as a “moonlight tale.”
The elements behind this latest “moonlight tale” also claimed that the Imo governor had made the call on January 15 in a meeting with what they called “One Igbo Elders Forum.” They did not mention the venue of the said meeting or those at the meeting. Incidentally, the same January 15 which was Friday was the day the governor travelled out of the country for a brief vacation.
Even before leaving Owerri on that day, he had attended the Armed Forces Remembrance Day celebration and laid the wreath of the Unknown Soldier. The event was at the Heroes’ Square, Owerri. From the venue of the Armed Forces Remembrance Day function, he moved straight to Imo Airport. And the question then becomes; at what point did this alleged meeting of Igbo Elders Forum take place?
And where? Who and who attended? Even those behind this falsehood must have known that what they had sent out for sale died on arrival.
Nobody can believe that kind of poorly scripted and poorly thought-out blackmail. But, we know why we have decided to respond.”
The charges against the accused persons read in part, “That you, Nnamdi Kanu and other unknown per sons, now at large, at London, United Kingdom, between 2014 and September, 2015 with intention to levy war against Nigeria in order to force the President to change his measures of being the President of the Federation, Head of State and Commander-in-Chief of the Armed Forces of the Federation as defined in Section 3 of the Constitution of the Federal Re- public of Nigeria 1999 (as amended) by doing an act to wit: Broadcast on Radio Biafra your preparations for the states in the South- East geo-political zone, South-South geo-political zone, the Igala Community of Kogi State and the Idoma/Igede Community of Benue State to secede from the Federal Republic of Nigeria and form themselves into a Republic of Biafra, and thereby committed an offence punish- able under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria 2004.”
“That you, Nnamdi Kanu and others, now at large, between 2012 and September, 2015 at South-East geo-political zone and the South-South geo-political zone of Nigeria within the jurisdiction of this honourable court manage an unlawful society with more than 10 members to wit: unregistered with the Corporate Affairs Commission or any other registration authority to wit. The Indigenous People of Biafra (IPOB) thereby committed an offence which is punishable under Section 63 of the Criminal Code Act, CAP C38, Laws of the Federation of Nigeria 2004.”
“That you, Nnamdi Kanu between the months of March and April, 2015 imported into Nigeria and kept in Ubulusiuzor town in Ihiala local Government Area of Anambra State within the jurisdiction of this honourable court, a radio transmitter known as TRAM 5OL concealed in a container which you described as containing household items, which you so declared and that, you thereby committed an offence punishable under section 47(2) (a) of the Customs and Excise Management Act.”
The three were, in counts four and five, accused of assisting in the management of unlawful society and unlawful possession of firearms.
Count six reads, “That you Benjamin Madubugwu in the month of April, 2015 at Ubulusiuzor town, Ihiala Local Government Area of Anambra State of Nigeria within the juris- diction of this honourable court assisted in the man- agement of an unlawful society known as the In- digenous People of Biafra (IPOB) by doing an act to wit, accepted and kept in your residence a container housing a radio transmit- ter known as TRAM 50L, with knowledge that the said transmitter belongs to an unlawful society (known as IPOB) and that you thereby committed an offence punishable under Section 63 of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria 2004.”
“That you, Nnamdi Kanu and others, now at large, between 2012 and September, 2015 at South-East geo-political zone and the South-South geo-political zone of Nigeria within the jurisdiction of this honourable court manage an unlawful society with more than 10 members to wit: unregistered with the Corporate Affairs Commission or any other registration authority to wit. The Indigenous People of Biafra (IPOB) thereby committed an offence which is punishable under Section 63 of the Criminal Code Act, CAP C38, Laws of the Federation of Nigeria 2004.”
“That you, Nnamdi Kanu between the months of March and April, 2015 imported into Nigeria and kept in Ubulusiuzor town in Ihiala local Government Area of Anambra State within the jurisdiction of this honourable court, a radio transmitter known as TRAM 5OL concealed in a container which you described as containing household items, which you so declared and that, you thereby committed an offence punishable under section 47(2) (a) of the Customs and Excise Management Act.”
The three were, in counts four and five, accused of assisting in the management of unlawful society and unlawful possession of firearms.
Count six reads, “That you Benjamin Madubugwu in the month of April, 2015 at Ubulusiuzor town, Ihiala Local Government Area of Anambra State of Nigeria within the juris- diction of this honourable court assisted in the man- agement of an unlawful society known as the In- digenous People of Biafra (IPOB) by doing an act to wit, accepted and kept in your residence a container housing a radio transmit- ter known as TRAM 50L, with knowledge that the said transmitter belongs to an unlawful society (known as IPOB) and that you thereby committed an offence punishable under Section 63 of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria 2004.”
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