Biafra: Court strikes out charge against Kanu

An Abuja Chief Magistrate Court, yesterday, struck out the one-count criminal charge the Federal Government preferred against the leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu. In a ruling yesterday, Chief Magistrate Shauibu Usman discharged Kanu following an application by the Department of State Services, DSS, to withdraw the charge against him.

The court granted the motion for discontinuance of the matter, filed and argued by counsel to the DSS, Mr. Moses Idakwo. The FG had urged the Magistrate Court to terminate further hearing on the charge, saying it has concluded plans to take the matter before a higher court.

Idakwo told the court that the government secured an order of the Federal High Court in Abuja to further detain Kanu for 90 days.

He said the order which was granted by Justice Ademola Adeniyi, was to enable the government to conclude investigation into an allegation that Kanu was involved in terrorism financing. Consequently, the DSS, applied to withdraw the initial First Information Report, FIR, pending against the defendant.

Idakwo specifically asked Magistrate Usman to  step down from the trial on the ground that his court lacked the power and jurisdiction to prosecute terrorism charges.

The application was vehemently opposed by Kanu’s lawyer Mr.  Vincent Egechukwu Obeta who insisted that the bail the court earlier granted his client must first be complied with before any application for transfer of the case to a federal high court could be entertained. Moreover, Obeta, urged the court to transfer Kanu to prison custody to enable him to have easier access to his legal team.

Kanu who is the  Director of Radio Biafra and Television was in the withdrawn charge,  accused  of engaging in   criminal conspiracy, managing and belonging to an unlawful society, as well as indulging in criminal intimidation, contrary  to section 97 (a)&(b) and section 397 of the Penal Code.

It will be recalled that he was on  October 17, arrested in Lagos by security operatives, shortly after he arrived Nigeria from his base in the United Kingdom. He had On October 19,   pleaded not guilty to the FIR that was filed against him by the Nigerian government, and was subsequently granted bail to the tune of N2 million.

The court further directed the defendant to produce a civil servant of Grade Level 16, to stand as his surety. The fact of the case, according to DSS report was that the accused formed an unlawful society with the purpose of bringing into being a Republic of Biafra. He was alleged to have proclaimed himself as the leader of the Republic of Biafra and established a radio of Biafra.

Kanu was also alleged to have appointed himself Commander of the Loyal Forces of Biafra and was broadcasting to the whole world the dire consequences the government and people of Nigeria will suffer should they attempt to hinder the actualization of the Republic of Biafra.

Meantime, Justice Adeniyi will today deliver ruling on an application seeking Kanu’s release from the custody of the DSS.