The trial of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu, resumed at the Federal High Court, Abuja on Tuesday with the judge, Binta Nyako, ordering the Department of State Services (DSS to allow the detainee to change his clothes.
Her directive followed a complaint by Kanu’s lead counsel, Mr. Mike Ozekhome, to the treatment his client in the custody of the DSS.
Responding Nyako said she had earlier ordered the secret police to allow the defendant enjoy some comfort.
“I don’t want to see him in these clothes again. This one is almost off-white. Also, make sure that you allow him to exercise,” the judge said.
However, she reminded Ozekhome that a detention facility is not a five-star hotel.
Meanwhile, Kanu’s arraignment on an amended 15-count charge was stalled following Ozekhome’s objection.
Recall that the federal government had yesterday, Monday, January 17, filed an amendment to the alleged terrorism charge against the secessionist movement leader.
Although the court had last November adjourned to January 19, 2022 to hear all pending applications regarding the suit, it however brought forward the hearing to January 18, following a request by the defence counsel, Mr. Ifeanyi Ejiofor.
However, when the case was called, the prosecution counsel, Mr. Shuaib Labaran, informed the court of an amendment to the charge and prayed that the court direct its registrar to read the fresh charge to the defendant.
In a swift response, Ozekhome, who had earlier announced appearance for Kanu in the matter, objected to the request.
He claimed that it would be unfair and against the interest of justice if Kanu was allowed to take his plea on a charge he was only served Monday, adding that the proof of evidence was also not legible to allow them respond appropriately.
He therefore pleaded with the court to allow them meet with Kanu, discuss the fresh charge so that he can take his plea Wednesday.
Since the prosecution did not object to the short adjournment, Nyako, accordingly adjourned till Wednesday for arraignment on the 15 new charges.
The amendment, which is the second in a space of roughly three months, is the sixth since the case was filed in 2015.
Kanu was initially arraigned alongside four others on a six-count charge. But after jumping bail in September 2017, his trial was separated from the others and only resumed mid last year, following his re-arrest and extradition to Nigeria.
In the fresh charge, the defendant is being accused of intimidating and threatening that people will die including those who violated his sit-at-home directive.
Count one of the charge reads: “That you Nnamdi Kanu, Male, Adult, of Afatanukwu Ibeku, Umuahia North Local Government Area of Abia State sometimes in 2021 being a member and leader of Indigenous People of Biafra, IPOB, a proscribed Organisation, did commit an act in furtherance of an act of Terrorism against the Federal Republic of Nigeria and the People of Nigeria by making a broadcast received and heard in Nigeria within the jurisdiction of this Honourable Court, with intent to intimidate the population and you threatened that people will die, the whole world will stand still and you thereby committed an offence punishable under Section 1(2)(b) of the Terrorism Prevention Amendment Act, 2013.”
In count four to seven, he was said to have made several broadcast between 2018 and 2021 wherein he incited members of the public in Nigeria to hunt and kill Nigerian security personnel, including police officers and their family members.
In count eight, Kanu was accused of directing members of IPOB to manufacture bombs, while he was in count nine accused of “intent to destabilize the fundamental political and economic structures of Nigeria” and inciting “members of the public to stop the Anambra State elections” and thereby committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013
In count 10 to 12, the separatist agitator was also said to have incited members of the public to destroy public facilities and to stage a violent revolution in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria.
Count 13 says: “That you Nnamdi Kanu, male, adult, of Afaranukwu Ibeku, Umuahia north local government area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the jurisdiction of this honourable court, with intent to incite violence in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria, you directed members of the public to burn down every federal facility in Lagos resulting in major economic loss to the federal government and you thereby committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.”
Count 14 says: “That you Nnamdi Kanu, male, adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the jurisdiction of this honourable court, with intent to incite violence in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria you directed members of the public to destroy public transport system in Lagos, resulting In major economic loss to the government and you thereby committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.”
Count 15 says: “That you Nnamdi Kanu, male, adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between the month of March and April 2015 imported into Nigeria and kept in Ubulisiuzor in Ihiala Local Government Area of Anambra State within the jurisdiction of this honourable court, a radio transmitter known as Tram 50OL concealed in a container of used household items which you declared as used household items, and you thereby committed an offence contrary to section 47 (2) (a) of Criminal Code Act, Cap, C45 Laws of the Federation of Nigeria 2004.”
Recall that the federal government, had, in October 2021, filed an amended seven-count against Kanu.
The charges bordered on treasonable felony and his alleged involvement in acts of terrorism at the same court.
Nyako, who was to preside over the case, later fixed today Tuesday, January 18, to hear some pending applications, including the one Kanu filed to be discharged and acquitted.
However, barley 24 hours to the scheduled commencement of the accelerated hearing, the government, in the amended process it filed before the court, increased the counts in the previous charge it preferred against the detained IPOB leader.
The defendant was first arrested in 2015 on charges bordering on terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms, and improper importation of goods, among others.
He fled the country in 2017 after he was granted bail for medical reasons. Although he was later sighted in Israel, he was intercepted in June 2021 and repatriated to Nigeria.
Kanu who initially faced a seven-count treasonable felony charge will now enter his fresh plea to a 15-count amended charge.
