The Federal High Court Abuja Nigeria has struck out 8 out of the 15-count charge preferred against the detained leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu by the Nigerian Government.
Justice Binta Nyako freed Nnamdi Kanu on the 8 counts charge, while ruling on a preliminary objection filed by the IPOB leader challenging the validity of the 15-count amended charge leveled against him by the Nigerian Government.
The judge said: “In this instant preliminary objection application, I have read the counts and come to the conclusion that counts 6, 7, 8, 9, 10, 11, 12 and 14 have not disclosed any offense against the Defendant.”
The judge added that, “Counts 1, 2, 3, 4, 5, 8 and 15 shows some allegations, which the Defendant has to answer.
“The court shall proceed to try the defendant on those counts.”
The amended charges borders on Alleged commission of acts of terrorism, felony, incitement, unlawful importation of a radio transmitter and leading an illegal Organization.
On Kanu’s rendition for the purpose of criminal investigation to Nigeria, the judge said, it was allowed at the instant case, as there is a bench warrant on the defendant.
On the issue of the proscription of IPOB, the judge held that the case was pending before the appeal court and as such, the order proscribing the organisation was subsisting until it was vacated.
Counsel to the Nigerian government Mr Shaibu Labaran while speaking to newsmen said that, “all counts relating to were sustained by the court.
“With respect to membership of IBOP which Ndamdi Kanu denied, the group remained a proscribed organization under the Nigerian law.”
Counsel to Ndamdi Kanu Mr. Mike Ozekhome SAN expressed happiness with the striking of the 8 counts believing that the remaining 7 count will also be dismissed.
On the allegations that his client jumped bailed, Mr. Ozekhome SAN said that, “my client did not jumb bail but rather Nigerian government forced him to exile.”
He appealed to the court to grant his client bail.
“We implored my Lord to grant him bail even if she (the judge) want to subject him to certain conditions.”
Justice Binta Nyako Adjourned to May 18 and 26 for bail application and continuation of the trial in a new venue to be announced.
The defendant, Ndamdi Kanu will continue to remain on the custody of Department of State Security DSS.
