JUDICIARY
Appeal Court Quashes Terrorism Charges against Nnamdi Kanu
By Gom Mirian, Abuja
The Court of Appeal on Thursday, in Abuja quashed the terrorism charge brought against Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Delivering judgment in an appeal filed by Kanu, a three-member panel led by Justice Hanatu Sankey, in a unanimous judgment, held that the respondent, by not responding to the appellant’s submissions, conceded to the allegation that Kanu was forcefully renditioned from Kenya to Nigeria.
The judgment read by Justice Adedotun Adefope-Okijie held that it was necessary for the federal government to prove the legality of Kanu’s arrival to Nigeria.
The appellate court held that the federal government being the respondent flouted the Terrorism Act and was also in violation of all known international conventions and treaties guiding extradition process thus, breaching the rights of the defendant.
The court further held that having illegally and forcefully renditioned the appellant, the trial court is stripped of jurisdiction to continue to try Kanu.
The appellate court held that the federal government’s action “tainted the entire proceedings” it initiated against Kanu and amounted to “an abuse of criminal prosecution in general”.
“The court will never shy away from calling the Executive to order when it tilts towards executive recklessness”,
Therefore, the appeal has merit, the appellate court held.
Arguing the appeal, Kanu’s lawyer, Mike Ozekhome, SAN, on Septrmber 13, told the three man panel that kanu was first arraigned on December 23,2015, and granted bail on April 25, 2017.
He explained further that agents of federal government (the respondent) had launched a military operation, code-named “Operation Python Dance” at the appellant’s home town in September 2017, which forced him to escape out of the country, to Isreal, then London.
He recalled that on June 27 2021, “the federal government forcefully arrested Kanu in Kenya and renditioned him back to Nigeria “in most cruel and inhuman manner”.
“On 29 June, 2021, the appellant was taken to court by the federal government, where he was rearraigned.
“Following the appellant’s preliminary objection to the 15-count charge preferred against him by the federal government , the trial judge, Justice Binta Nyako of the Federal Hight Court Abuja, on April 8, 2022, struck out 8 counts.
“Our humble submission is that the remaining seven counts ought not to be retained by the trial court because, before the time Kanu was renditioned to Nigeria from Kenya, he was facing five-count charge”.
Ozekhome submitted that, going by Section 15 of the Extradition Act, “Kanu is not supposed to be charged without the approval of Kenyan government.
“The remaining 7 counts, cannot stand, being filed illegally without following due process under the rule of specialty as envisaged under Section 15 of the Extradition Act.
“Counts 1, 2, 3, 4, 5 and 8, which were retained by the Federal High Court, were offences allegedly committed by the appellant (Kanu) before his forceful rendition to Nigeria.
“These allegations of rendition were never denied by the federal government and you cannot sustain the charge when you extradited the appellant without the approval of Kenyan authority.
In addition, Ozekhome argued that when charging for an offence, “you must mention the particulars and location where the office was committed.
“But in this case, the appellant was charged without stating where the offence was allegedly committed .
Kanu’s lawyer contended that by Section 45 (a) of the Federal High Court Act, with regards to criminal charge, the trial court does not have “global jurisdiction”.
More so, “Section 195 and 196 of Administrattion of Criminal Justice Act (ACJA), state that a charge must have date, time, location etc.
He insisted that there was no need for the FHC to retain the remaining 7 counts, and therefore urged the panel to take over the charges and strike them out.
The senior lawyer also asked the appellate panel to hold that the respondent has not furnished the court with any prima facie case against the appellant for which he is being charged.
Reacting, the Federal Government’s lawyer, Mr David Kaswe urged the court to dismiss the appeal for lacking in merit.
FG Kicks: Other Issues upon which he Jumped Bail Remain Valid for Judicial Determination-Malami
Reacting to the court ruling, the Office of the Attorney General of the Federation and Minister of Justice issued a statement, implying that Kanu will still go on to stand trial on some other grounds, especially those that pre-dated his lawless rendition from Kenya by the federal government. The court ruling the Office of the AGF also observed only discharged the IPOB leader and did not acquit him. Abubakar Malami is the Attorney General of the Federation, (AGF) and Minister of Justice but the statement emanating from his office was signed by Dr. Umar Jibrilu Gwandu, his Special Assistant on Media and Public Relations.
According to Gwandu, “For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted. Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.
“The decision handed down by the court of appeal was on a single issues that borders on rendition. Let it be made clear to the general public that other issues that predate rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.
“The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues.”
With this, it can be said that there may not be freedom yet for Kanu.
JUDICIARY
Court Remands Landlord for Alleged Defilement of Tenant’s Daughter
A family court sitting at Iyaganku, Ibadan, on Tuesday ordered the remand of one Musibau Lamidi, 50, for alleged defilement of his tenant’s six-year-old daughter.
The Magistrate, Mrs S. A . Adesina, ordered that the landlord should be kept at the Agodi custodial facility pending advice from Oyo State Director of Public Prosecutions.
Adesina did not take the landlord’s plea.
She adjourned the case until April 25 for mention.
Reports says that Musibau, a resident of Olode, Ibadan, was charged on one-count of defilement.
Earlier, the prosecutor, Insp Gbemisola Adedeji, told the court that the defendant, on March 13, between 8. 00 a.
m. and 4.00 p.m. defiled his tenant’s daughter.Adedeji said that Musibau had an issue with the child’s mother and asked her to pack out.
The prosecutor said that when the woman went to look for a house to rent, the defendant defiled her daughter.
She said that the offence contravened Section 34 of the Oyo State Child Right’s
Law of 2006. (NAN)
JUDICIARY
4 Friends Docked for Allegedly Threatening Cleric’s Life
Four friends were on Monday docked in a Grade ‘A’ Customary Court in Ibadan for allegedly threatening the life of pastor Charles Gold.
The police charged Olatunji Musibau, 44;Abiodun Folarin, 50; Kazeem Oluremi, 60 and Yusuf Sodiq, 23, with conspiracy and conduct likely to cause breach of peace.
The Prosecution Counsel, Mr Philip Amusan, told the court that the defendants allegedly committed the offence on March 8, at about 2 p.
m., at New Bodija Area in Ibadan.Amusan alleged that the defendants and others at large, threatened violence against pastor Gold, of Echo Evangelical Ministry Ibadan.
He said the offence contravened the probisions of sections 516 and 383 of the Criminal Laws of Oyo State, 2000.
The defendants however pleaded not guilty to the charge.
The Court President, Mrs Moji Aworemi, admitted the defendants to bail in the sum of N150, 000 each and one surety each in like sum.
Aworemi held that the surety must be a blood relation to the defendants.
She adjourned the case until April 29, for mention. (NAN)
JUDICIARY
2 Teenagers in Court for Allegedly Stealing Sewing Machine
Two teenagers, Simor Aaron, 19, and Francis David, 18, were arraigned on Wednesday before a Kaduna Chief Magistrates’ Court for allegedly stealing a sewing machine and other items worth N325,000.
The defendants, both residents of High-Cost Narayi, Kaduna, are standing trial on a two-count charge of conspiracy and stealing, to which they pleaded not guilty.
The Prosecutor, Insp Chidi Leo, told the court that the defendants committed the offences on March 11, at Barnawa Kaduna.
According to Leo, the duo burgled a tailoring shop of one Gladys Peter and stole her sewing machine, six wrappers, and four clothing materials all valued at N325,000.
The prosecutor stated that the defendants were caught and handed over to the police by members of the vigilante group on patrol in the area.
Leo said that the offences contravened Sections 281 and 217 of the Penal Code of Kaduna State, 2017, which stipulates a three-year jail term for stealing and two years imprisonment for conspiracy.
The Magistrate, Ibrahim Emmanuel, granted the defendants bail in the sum of N100,000 each with two sureties each in like sum, who must be gainfully employed.
Emmanuel adjourned the case until April 22, for hearing. (NAN)