The Federal High Court sitting in Abuja on Wednesday struck out six out of the 11-count charge filed against the leader of the Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, and three others for been incompetent.
Kanu, and his co-accused, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, are currently facing an amended 11-count charge slammed against them by the federal government.
The charges range from treasonable felony, terrorism and illegal possession of firearms.
The six charges were struck out Wednesday by the trial judge, Justice Binta Nyako, in a ruling she delivered on objections filed by Kanu, Onwudiwe and Madubugwu.
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.
She 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.
The judge however adjourned the matter to 20 and 21 March following a request for adjournment by the prosecution to enable him call witness.
The judge also said she would entertain the defendants’ fresh applications for bail but added that the application would however, not stop the trial from proceeding.
Justice Nyako also promised the defendants that an earlier order which allowed at least four members of their families to attend and witness the trial would be enforced.
