The Federal High Court sitting in Abuja has struck out eight of the amended terrorism charges brought against the leader of the Indigenous People Of Biafra (IPOB), Nnamdi Kanu by the federal government of Nigeria.
The presiding judge, Justice Binta Nyako on Friday ruled against the federal government in eight out of the fifteen charges when the matter came up for hearing in court.
She maintained that the affected counts which were struck out do not disclose any offence against Kanu.
According to the judge, “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 offence against the defendant.
“‘Counts 1, 2, 3, 4, 5, 8 and 15 show some allegations, which the defendant has to answer.
“The court shall proceed to try the defendant on those counts.”
Truetells Nigeria recalls Kanu has been in the custody of the Department of State Services (DSS) since June 2021 when he was repatriated to Nigeria from Kenya by the government.
The IPOB leader attends court sessions from the DSS custody on the charges bordering on terrorism and treasonable felony slammed against him by the government.
Meanwhile, the court also set a date for the ruling of the bail application filed by the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The court on Friday fixed May 18 and 26 to rule on the bail application of the IPOB leader.
Justice Binta Nyako took this decision on Friday after striking out eight out of fifteen.
Nnamdi Kanu not receiving medical attention
Meanwhile the legal team of the Indigenous People of Biafra, IPOB, Friday, alleged that the leader of IPOB, Nnamdi Kanu, was not receiving proper medical attention in the detention facility of the Department of State Service, DSS, in Abuja.
The IPOB lead counsel, Ifeanyi Ejiofor, disclosed this to newsmen in Owerri, after their visit to Kanu, last Thursday at the DSS.
Ejiofor alleged that the health condition of Kanu is diminishing and he has not been allowed access to his private doctor by the DSS, as ordered by the court, adding that it would be presented before the court among other issues.
According to IPOB’s lawyer, “Our team of lawyers conducted the Court-Ordered routine visit to our indefatigable Client – Onyendu Mazi Nnamdi Kanu at the DSS Headquarters, on Thursday.
“The visit was to put finishing touches to the preparations for today’s all-important Court Ruling on our Application challenging the competence of the 15-Count Amended Charge filed by the Prosecution.
“Onyendu was duly briefed on the pertinent matters incidental to today’s outing, as well as the Suit filed on his behalf by Chief Mike Ozekhome, SAN, our Lead Counsel on Onyendu’s case.
The Suit is requesting for the Court’s compelling interpretation of relevant Statutory Provisions and International Treaties/Conventions, which the Federal Government of Nigeria (FGN) grossly violated in their desperation to abduct, and forcefully rendition Onyendu Mazi Nnamdi Kanu from Kenya to Nigeria.
“Consistent with the usual practice of the DSS personnel, they have continued to rebuff every attempt at ensuring that Onyendu has a change of clothing. The lawless DSS personnel bluntly rejected all clothes brought by our Client’s relatives. Again, in clear violation of the extant Orders of the Court.
“In line with the Court’s directives, we meticulously ensured that the new clothing met the specifications of the Court, and consequently beat the DSS to their games, so that by today (Friday) they will have no excuse to give to the Court for deliberately flouting the positive Orders of the Court.
“We also observed with dismay, as Onyendu’s impeccable account revealed that he is not receiving proper medical attention in the custody of the DSS as his health condition is gradually deteriorating.
“This will be addressed in court on Friday, particularly in view of the DSS’s persistent contempt of the Order of Court directing them to allow Onyendu access to his private doctor for an independent medical examination to ascertain his current health condition. This is also a right guaranteed under the Anti-Torture Act.”
“Onyendu is confident that justice will be done tomorrow, and we are ever ready to promptly explore all permissible legal avenues to challenge any pronouncement not supported by Law and decisions of Superior Courts, in the unlikely event that any of the counts still survived our legal arsenal,” he said.
