An Abuja division of the Federal High Court has fixed April 8 to decide whether Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB) will be discharged of the 15-count terrorism charges instituted against him.
At the resumed hearing on Wednesday, both counsels argued on the application challenging the competence of the 15-count charge proffered against Mr Kanu.
While Mike Ozekhome, SAN, lead counsel to Mr Kanu asked the court to quash and dismiss the amended 15- count charges for lack of competence, S.M Labaran, counsel to the FG urged the court to direct Mr Kanu to open his case.
What happened in court
In his preliminary objection, Kanu is challenging the jurisdiction of the court to try him. He is also challenging the validity of the 15-count amended charge preferred against him.
Mr Ozekhome argued that the charges against his client were defective and baseless. He urged the court to dismiss them.
He said, “We are praying for an order striking out, quashing and dismissing the amended 15 count charge for being incompetent.
“An order discharging and acquitting the defendant of the charges where same has been dismissed by the court.”
He said looking at the criteria of the entire charge, it did not disclose any prima facie evidence. He said, “You are accusing Kanu of making some broadcast. You didn’t say where these broadcasts were made.”
Mr Ozekhome said his client was unlawfully renditioned from Kenya in violation of international protocol on extradition. He adopted his application and asked the court to quash the 15count charge.
Mr Labaran, counsel to FG, urged the court to dismiss Kanu’s application and order him to open his case.
“The application lacks substance. We therefore, urge your lordship to gracefully refuse this application and direct the prosecution to open its case in accordance with the practice of the Federal High Court.”
Mr Labaran argued that the court had jurisdiction to hear the matter going by the Administration of Criminal Justice Act (ACJA).
“With respect to jurisdiction, Section 32 of the Terrorism Act states that the FHC has jurisdiction to try offences anywhere it is committed,” he said.
Justice Binta adjourned the matter for April 8, 2022 to rule on the preliminary objection filed by Mr Kanu on the 15-count amended charges.
At the resumed hearing which was slated for 1 pm, the Department of State Services (DSS) complied with Justice Binta Nyako’s directive of not mounting the court premises until noon as Mr Kanu’s trial usually grounds all activities around the court.
