Social and economic activities were yesterday paralysed in much of Imo, Abia and Ebonyi states as residents complied with the sit-at-home order of the Indigenous People of Biafra (IPOB) in solidarity with its leader, Nnamdi Kanu.
Kanu’s trial for terrorism related charges resumed yesterday in Abuja with Justice Binta Nyako of the Federal High Court striking out eight of the 15 count charge preferred against the IPOB leader by the federal government.
The court also cleared the Federal Government of allegation of forcibly abducting Kanu from Kenya to stand trial at home.
It is expected to rule on bail for the accused on May 18 while commencement of his trial was fixed for May 26.
A few hours before yesterday’s sitting of the court, gunmen ambushed and attacked an army patrol team in the commercial city of Aba, Abia State.
Another gang invaded Igboukwu Market in Aguata Local Government Area of Anambra State, turning their guns on cows and goats. About 30 of the animals were killed.
Markets, shops, schools, banks and filling stations in the three states were shut and the roads deserted. Local government secretariats and motor parks were not exempted from the shutdown.
Workers on essential duties had to walk long distances to go to their offices.
The few okada riders who summoned the courage to operate hiked their fares.
Armed police personnel were deployed at public buildings.
Court to proceed with seven count charge against Kanu
Justice Binta Nyako, ruling yesterday on Kanu’s preliminary objection to his trial, held that the order proscribing IPOB subsisted despite an appeal against the proscription order.
“This issue is still on appeal. The order proscribing the organisation is still subsisting until it is vacated,” she said.
A former Chief Judge of the court, Justice Adamu Kafarati (now late) had in a September 2017 ruling granted an ex-parte application by the Federal Government declaring IPOB an unlawful organisation.
Justice Kafarati, in another ruling in January 2018, rejected an application by IPOB seeking the vacation of the proscription order.
Besides, Justice Nyako yesterday faulted claim by lawyer to Kanu, Mike Ozekhome (SAN) that the IPOB leader was unlawfully brought in from Kenya.
Ozekhome had argued that Kanu was abducted and forcefully brought to Nigeria in violation of known human rights provisions.
Similar argument formed the subject of a N50billion suit filed for Kanu on Thursday by Ozekhome before the Federal High Court, Abuja.
Nyako said Kanu remained a fugitive on the strength of the bench warrant against him.
She added: “Rendition for the purpose of criminal investigation is allowed. In the instant case, there is a bench warrant on the defendant. Suffice it to say he is a fugitive before the court.
The judge further held that contrary to the argument of the defence, her court was clothed with the requisite jurisdiction to try Kanu for the offence he allegedly committed outside the court.
She struck out eight of the 15 count charges preferred against Kanu because, as she said, the dropped counts did not disclose any offence against Kanu.
She said: “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.”
The full charges against him now are as follows:
COUNT ONE “That you Nnamdi Kanu, Male, Adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State, sometimes in 2021, being a member and the 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.
COUNT TWO “That you Nnamdi Kanu, Male, Adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State, sometimes in 2021 did commit an act in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria made a broadcast received and heard in Nigeria within the jurisdiction of this honourable court, with intent to intimidate the population, you issued a deadly threat that anyone who flouted your sit-at-home order should “write his/her Will” as a result, banks, schools, markets, shopping malls, fuel stations domiciled in the Eastern states of Nigeria were not opened for businesses, citizens and vehicular movements in the Eastern states of Nigeria were grounded within the jurisdiction of this honourable court and you thereby committed an offence punishable under Section 1(2)(b) of the Terrorism Prevention Amendment Act. 2013.
COUNT THREE “That you Nnamdi Kanu, Male, Adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 within the jurisdiction of this honourable court professed yourself to be a member and leader of the Indigenous People of Biafra, IPOB, a proscribed organisation in Nigeria and that you thereby committed an offence contrary to and punishable under Section 16 of the Terrorism Prevention Amendment Act 2013.
COUNT FOUR “That you Nnamdi Kanu, Male, Adult, of Afaraukwu 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 court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria in which you incite members of the public in Nigeria to hunt and kill Nigerian security personnel and that you thereby committed an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.
COUNT FIVE “That you Nnamdi Kanu, male, adult, of Afaraukwu 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 court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria in which you incite members of the public in Nigeria to hunt and kill families of Nigerian security personnel and that you thereby committed an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.
COUNT EIGHT That you Nnamdi Kanu, male, adult, of Afaraukwu 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 court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria in which you directed members of the Indigenous People of Biafra IPOB, a proscribed organisation to manufacture bombs and you thereby committed an offence punishable under section 1 (2) (f) of the terrorism (Prevention) (Amendment) Act 2013.
COUNT FIFTEEN “That you Nnamdi Kanu, male, adult, of Afaraukwu 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 court, a radio transmitter known as Tram 50L 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.
The judge then entertained argument on the bail application filed by Kanu’s lawyer, Mike Ozekhome (SAN), who prayed the court to admit his client to bail and release him to his custody.
But prosecuting lawyer, Magaji Labaran, objected, saying that the IPOB leader had violated the terms of an earlier bail granted him.
Labaran said: “My lord granted him bail in 2017 on health ground, but since then till date, no medical record was submitted to the court until he jumped bail.
“What we should be saying is contempt of court because he has flagrantly violated the orders of the court.”
He stressed that the court should be guided by its discretion, particularly the circumstances of the case.
Labaran added that in the alternative, the court should order accelerated hearing in the case so that the defendant could know his fate one way or the other.
Justice Nyako adjourned till May 18 for ruling on bail and May 26 for commencement of trial.
Earlier in the day, yet to be identified gunmen waylaid and attacked an army patrol team in the commercial city of Aba, Abia State.
The incident occurred at the popular Tonimas junction on the Enugu-Aba-Port Harcourt Expressway.
The patrol vehicles were burnt to ashes by the gunmen.
It was not immediately known whether anyone died during the clash which a military source said occurred at about 3am.
Spokesman of the 14 Brigade Headquarters, Ohafia, Omale Innocent, said that he was yet to be briefed on the incident.
However, a source within the 14 Brigade Army Headquarters who craved anonymity confirmed the incident.
According to the source, no soldier died in the gun duel.
The source added that contrary to reports that the gunmen carted away the arms of the soldiers, no soldier lost his weapon.
30 cows, goats killed as gunmen invade Anambra market
Another gang stormed the Igboukwu cattle market in Aguata Local Government Area of Anambra State on Thursday night, shooting no fewer than 30 cows and goats dead.
The gunmen had earlier burnt down the Aguata Local Government Secretariat and vehicles at Ekwulobia. Aguata is Governor Chukwuma Soludo’s LGA of origin.
A source at the market said the animals belonged to an Igbo man.
Confirming the incident, Police spokesperson, Tochukwu Ikenga described it as cruelty to animal.
He said: “What happened was that some elements, while riding on motorbikes yesterday evening and shooting sporadically into the air, got to the cattle market, and while shooting, some cattle were shot too.
“We have extended our surveillance to that area and our men are already working. This is cruelty to animal and very condemnable. The cattle in question were owned by people of the area.”
