Justice Binta Nyako of the Federal Excessive Court Abuja has dismissed eight of the 15 terrorism charges filed against the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu.
Ruling on a preliminary objection filed by the counsel to Kanu, Mike Ozekhome, Justice Nyako said that “On this instantaneous preliminary objection utility, I’ve learned the counts and are available to the conclusion that counts six, seven, eight, 9, 10, 11, 12 and 14 haven’t disclosed any offence against the defendant”. She ordered the counts to be struck out.
Justice Binta Nyako said only counts 1, 2, 3, 4, 5, 8 and 15 will be pursued against Kanu, adding that the federal government, through the Office of the Attorney-General of the Federation (AGF), had been able to establish some allegations against Kanu in counts 1, 2, 3, 4, 5, 8 and 15.
“The court shall proceed to try the defendant on those counts, ” Nyako ruled.
She also ruled that the order proscribing IPOB as a terror group still subsisted until it was vacated since the issue was still on appeal.
She dismissed the argument by Ozekhome that whether IPOB was a terrorist organisation was still a subject of an appeal.
Nyako said since Kanu was on a bench warrant, the law allowed that anywhere he was sighted, he can be arrested and brought to face trial.
“Rendition for the purpose of criminal investigation is allowed.
In the instant case, there is a bench warrant on the defendant (Kanu). Suffice to say, he is a fugitive before the court,” she said.
The Judge fixed May 18 and 26 next month for hearing on Kanu’s bail application.
