IPOB: court orders separation of trial of Kanu from others

A Federal High Court in Abuja, Tuesday, granted the prayer of the prosecution to separate the trial of leader of the now proscribed Indigenous People of Biafra (IPOB), Prince Nnamdi Kanu and three other co-accused.

Kanu, and his co-accused, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, were charged with an amended 11-count by the federal
government.

The charges range from treasonable felony, terrorism and illegal possession of firearms.

When the case resumed yesterday, the prosecution counsel, Shaibu Labaran, told the court that in view of the fact that the whereabouts of the first defendant (Kanu) has remained unknown, it was imperative that Kanu’s trial be severed from the others to enable the matter proceed.

“The absence of first defendant have been granted bail since April last year, and presently we don’t know where he is because he has jumped bail thereby stalling the case. The prosecution shall therefore be requesting to separate the charge of Kanu from the others so that progress can be made in the matter, ” Labaran pleaded.

Counsel to the defendants did not object to the separation of trial.

In a bench ruling, Justice Binta Nyako, agreed with the prosecution, noting that since April last year no progress has been made in the case because of Kanu absence in court thereby stalling the case.

“In view of this fact, I agree with the request of the prosecution, I subsequently separate the the trial of the other defendants,” the Judge ruled.

Labaran, thereafter requested for a short adjournment to enable the prosecution team to prepare amended charge to be filed and served on the defendants for fresh plea to be taken by the defendants.
The court consequently adjourned till March 20 for the amended charge to be held.
The court had on March 2, 2017, struck out six out of the 11-count charge against the defendants for been incompetent.
The Judge held that the proof of evidence filed by the prosecution did not disclose prima facie case to support counts 3, 6, 7,9,10 and 11 of the charge.
But, counts 1, 2, 4, 5, and 8 of the charge were sustained because according to the judge, the prosecution was able to place some elements of offences before the court.
The Judge in striking out the charges stated that the prosecution had not placed evidence before the court to show that Kanu and Onwudiwe are managing an unlawful society or that IPOB was unlawful.
Justice Nyako also ruled that some of the charges against the defendants that bordered on intentions to commit crimes would be better handled at the magistrate’s court and not a federal high court.
Therefore those charges cannot stand. Consequently, they were struck out.
After the ruling, the four defendants took a fresh plea of not guilty
when the remaining charges were read to them.
The defendants through their counsel had in an application challenged
the competence of the charge against them.
Count one of the charge read: That you Nnamdi Kanu ,’m ‘Onwudiwe
Chidiebere ‘m’ Banjamin Madubugwu, David Nwawuisi ,’m’ and others now
at large on diverse dates in 2014 and 2015 in Nigeria and London,
United Kingdom, did conspire amongst yourselves to broadcast on Radio
Biafra monitored in Enugu and other areas within the jurisdiction of
this court preparations being made by you and others at large, for
states in the South-east and South-south zones and other communities
in Kogi and Benue States to secede from the Federal Republic of
Nigeria with a view to constituting same into a Republic of Biafra and
you thereby committed an offence punishable under section 516 of the
Criminal Code Act CAP. C38 laws of the Federation of Nigeria 2000.
Count two read: That you Nnamdi Kanu,’m’ being the leader of IPOB on
diverse dates in 2014 and 2015 in London United Kingdom did broadcast
on Radio Biafra monitored in Enugu and other areas within the
jurisdiction of this court preparations being made by you and others
now at large, for states in the South-east and South-south Zones and
other communities in Kogi and Benue States to secede from the Federal
Republic of Nigeria with a view to constituting same into a Republic
of Biafra and you thereby committed an offence punishable under
Section 41 (c) of the Criminal Code Act .CAP C38 Laws of the
Federation of Nigeria, 2004.
However, in April 2017, the court granted the first defendant bail on
health grounds.