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Tag: David Nwawuisi

  • IPOB: Court to try Kanu separately

    IPOB: Court to try Kanu separately

    Fixes Feb 28 for Abaribe, others to account for IPOB leader’s whereabouts

    A Federal High Court in Abuja has agreed to a separate trial for the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.

    Justice Binta Nyako granted an application by the prosecution on Tuesday and ordered that Kanu’s trial be separated from those of his co-defendants.

    Kanu was in 2015 charged before the court with three others on treasonable felony charges.

    The others are the National Coordinator of IPOB, Chidiebere Onwudiwe; an IPOB member, Benjamin Madubugwu; and a former Field Maintenance Engineer seconded to the telecommunication company, MTN, David Nwawuisi.

    The court, in a ruling on April 25, 2017,  granted bail to Kanu, but rejected others’ bail application.

    Kanu has ceased to attend court, with his lawyer, Ifeanyi Ejiofor claiming he (Kanu) has been since some soldiers invaded his home in September last year.

    On Tuesday, his co-defendants (who are in prison custody) were brought to court, Kanu was absent.

    The development prompted the prosecution lawyer, Shuaibu Labaran to apply that the trial be separated to prevent further delay.

    Labaran noted that Kanu’s continued absence from court since he was granted bail in April 2017 has frustrated progress in the case

    He said: “In the circumstance, the prosecution shall be asking for the indulgence of your lordship to separate the trial so that progress can be made in this matter.”

    Lawyers to the defendants did not object to Labaran’s application, following which the trial judge, Justice Binta Nyako granted it.

    Justice Nyako agreed with the prosecution that there was the need to separate Kanu’s trial from the others in order “to meet the justice of the case”.

    Read Also: IPOB: No evidence Kanu is in Army’s custody — Court

    She said: “I hereby separate the trial of the first defendant from the rest of the defendants.”

    The judge also directed the prosecution to ensure that the charges were amended and served on the defendants before the next trial date.

    Upon complaint from Chukwudi Igwe, lawyer to another IPOB member, whose name has been added as defendant in an amended charge,  Bright Chimezie, Justice Nyako directed the prosecution to act on his case.

    Igwe had complained that the State Security Service was holding his client despite an order by a Federal High Court in Uyo, Akwa Ibom State, directing that he be released.

    He said, if by the next trial date the prosecution failed to reflect his client’s name in the fresh amendment to the charge, he would apply that the charge be struck out against Chimezie.

    The judge subsequently adjourned to March 20 for further proceedings

    Justice Nyako however adjourned to February 28 ( at noon) for Kanu’s three sureties, including Senator Enyinnaya Abaribe, to either produce the IPOB leader in court or show cause why each of them should not forfeit his N100m bail bond.

    The court had at the last proceedings on December 5, 2017, adjourned to yesterday for the sureties to explain why Kanu suddenly stopped attending court and account for his whereabouts.

    Abaribe has filed two application. One is asking the court to discharge him as surety to Kanu, while the other wants the court to inspect Kanu’s house in Abia State, where he was said to have been last seen.

  • IPOB condemn continuous detention of five members

    IPOB condemn continuous detention of five members

    The Indigenous People of Biafra (IPOB) has condemned the continued detention of five of its members and many others being detained at various prisons across the country for no justifiable reason.

    The group gave the names of those who are still in detention to include, Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi, Bright Chimezie, George Onyeibe and other members, “Who are being detained in different Nigeria prisons in  Ugwuocha Rivers state, Delta State, Anambra State, Akwa Ibom State, Abia State and Abuja”.

    The condemnation was contained in statement signed by the media and publicity secretary of IPOB, Emma Powerful which blamed the judicial commission and Attorney General of the Federation for allowing the courts to continue mess the judicial system in Nigeria.

    The statement reads, “The Attorney General of the Federation should have dropped all the concocted and fabricated charges preferred against our leader Mazi Nnamdi Kanu and others who are still detained in prison to save their image in the face of the international community”.

    “It is very appalling that a well-trained judge who passed through so many seminars before being elevated to the position of a Chief judge in a Federal High court can allowed herself and the court to be used to barre Mazi Nnamdi Kanu from exercising his fundamental human rights”.

    “However, the continued detention of those mentioned above in different prisons and DSS secret cells across the country remained the weakness on the side of judicial commission and Attorney General of Federation”.

    “It is very abnormal that the judicial commission and judiciary in Nigeria that are supposed to be the last hope for common man would turned themselves to be problem for the masses they are supposed to protect”.

    “With the judgement on 25th April 2017 banning our leader from speaking to the press and not to stay with more than 10 persons proves to the entire world that the judiciary in Nigeria is where truth can never prevail”.

    “According to the information reaching us indicates that our members detained in different prisons and secret cells across the country are no more save as most of them have fallen sick because of lack of proper medical attention”.

    “Especially those being detained in Kuje prison, we are calling for their immediate released to enable them take proper medical treatment because we cannot take it easy with anybody if anything should happen to any of our members in detention anywhere in the country”.

    “We are calling on men and women of good conscience across the globe, Amnesty International and relevant human rights organizations to prevail on the Attorney General of the Federation and the judicial commission to drop the fabricated charges preferred against our leader Mazi Nnamdi Kanu and others detained illegally alongside him in Kuje Prison because they committed no offense against anybody or Nigeria state”.

    “IPOB remained a peaceful and nonviolent organization in history of freedom fighting across the globe and  we will continue to follow the lay down rules provided by the United Nations charter for the rights of the indigenous people”.

    The Biafra liberation movement is sacrosanct and waxing stronger both home and  in diaspora and will not go back in the quest for the restoration of Biafra, anybody who is thinking to sabotage the struggle is doing that to his or her own detriment”.

    “We believe that the conditional and harsh bail attached to our leader with which he was released was to cage him and to dampened the high spirits of IPOB family members worldwide which has failed”.

    “The injustice against the people of Biafra in Nigeria are numerous to mentioned, IPOB under the leadership of Mazi Nnamdi Kanu have decided to fight it to a standstill”.

    “Of course many are aware that this is a project of God Almighty which IPOB embarked upon to liberate our people from the shackles of bondage we find ourselves in the hands of those who are determined to ruin us with the help of the British Government no matter the price we might pay in the cause of pursuing this freedom, we will not backpedal”.

    “We are advising the entire Biafrans both home and abroad to observe the remembrance day celebration of our fallen heroes and heroines who paid the ultimate sacrifice for our people to live today in Nigeria”.

    The 30th of May this year sit at home and remembrance day celebration will be a remarkable event in the history of Biafra as we must always remember those who laid down their lives so that we may live”.

    “Therefore, there will be no movement of any kind because the international community and friends of Biafra have delegated some foreign observers to monitor the event on that fateful day, the delegates will be in Biafraland with their media team to ascertain if the people of Biafra are ready for the upcoming referendum for Biafra sovereignty”.

     

  • Court strikes out six charges against Kanu, others

    Court strikes out six charges against Kanu, others

    Justice Binta Nyako of the Federal High Court, Abuja, on Wednesday struck out six out of the 11 charges preferred against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu and three others.

    The other defendants are – David Nwawuisi, Benjamin Madubugwu and Chidiebere Onwudiwe.

    Nyako held that the six charges were not supported by proof of evidence by the prosecution, but sustained the other five charges.

    She said there was no evidence before the court to prove that IPOB, which was allegedly managed by the defendants, was an unlawful society.

    The judge sustained charges 1, 2, 4, 6 and 8, which all the defendants entered a fresh not guilty plea.

    The sustained charges bordered on conspiracy, treasonable felony, publication of defamatory matter and Kanu’s alleged importation of goods contrary to Section 47(2) (a) of the Customs and Excise Management Act, Cap C45, Laws of the Federation of Nigeria.

    In count three of the remaining charges, the Federal Government alleged that Kanu had in a broadcast he made in London on April 28, 2015, through Radio Biafra, disparaged President Muhammadu Buhari.

    He referred to Buhari as a “pedophile, a terrorist, an idiot and an embodiment of evil” in the broadcast.

    The judge adjourned the matter till March 20 and 21 to commence trial of the defendants.

    NAN

     

  • Court rules on Kanu’s motion February 10

    Court rules on Kanu’s motion February 10

    A Federal High Court in Abuja on Thursday fixed February 10 for ruling on an application filed by pro- Biafra agitator, Nnamdi Kanu, seeking to quash the charges against him.

    Justice Binta Nyako chose the date after listening to arguments for and against the motion by lawyers to Kanu and the prosecution.

    Kanu, who is the National Coordinator of the Indigenous People of Biafra (IPOB) and three of his associates –  Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi – are standing trial on an 11-count charge.

    They are charged with managing unlawful organisation, possession of firearms, felony, unlawful importation and terrorism.

    Arguing the application on Thursday, Kanu’s lawyer, Ifeanyi Ejiofor, asked the court to quash the charges which are specifically directed against his client.

    He said: “The six counts preferred against the first defendant/applicant (Kanu) as shown in counts 1, 2, 3, 4, 5 and 6 in the substantive charge, and the proof of evidence attached thereto, have not disclosed any prima facie case against the first defendant/applicant, such as to warrant setting the substantive charge down for trial against the first defendant/applicant.”

    Ejiofor said the counts were “smokescreen charges, basically concocted to ensure that the first defendant/applicant is perpetually held in custody.”

  • BREAKING: Biafra: Judge backs out of Kanu’s case

    BREAKING: Biafra: Judge backs out of Kanu’s case

    The Judge at the Federal High Court in Abuja has exempted himself from hearing the case against the embattled leader of Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu.

    The Judge, Justice Ahmed Mohammed announced the decision on Wednesday in Abuja, following the fresh six-count charges filled by the Federal Government of Nigeria.

    Justice Mohammed, who decided to step down on the case Kanu’s objection to the case, said that it was needless, as the federal government had repeatedly disobeyed previous court rulings.

    It would be recalled that Kanu was charged before the Federal High Court, Abuja alongside two others, Benjamin Madubugwu and David Nwawuisi in a fresh six-count charge of treason and managing the affairs of ‘an unlawful society.’

    The IPOB leader, who was arraigned before Justice Mohammed, told the court on Wednesday before commencement of the prosecution’s plea that he preferred being held in detention, than subjecting himself to a trial, which outcome will not be respected.

    He said his previous trials had various outcomes that were abused or neglected by the office of the State Security Service (SSS).

    The counsel to the prosecution, who is also the Federal Director of Prosecution, office of the Attorney General, Mohamed Diri, told the court that based on section 396 (2) of the constitution, the defendant had no right to object to being tried by the court until after the plea is heard.

    Meanwhile, Justice Mohammed who said he was opting out of the case also countered the prosecution counsels, saying that Mr. Kanu had the right to reject the trial, “after all justice is rooted on confidence,” he said.

    “If any of the parties has no confidence in the court, he has the right to say so”, Mr. Mohammed ruled, noting that the prosecution would have done the same thing if they were in Kanu’s shoes.

    “Assuming it was the prosecution, if they had no confidence in the court of jurisdiction; would they not have done so?

    “I hereby remit the case file to the honourable chief judge of this court to reassign it,” the judge summed.