The Federal High Court sitting in Abuja, on Friday, dismissed 8 counts of the 15-count charge the federal government preferred against Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), a secession agitation group.
In a verdict delivered by Binta Nyako, the charges were dismissed for being mere repetitions that did not disclose any offence that could be sustained by the proof of evidence before the court.
FG had in the counts that were struck out, alleged that Kanu had through his broadcasts, incited members of the public to not only stage a violent revolution, but to attack police officers and also destroy public facilities in Lagos State.
While the court threw out counts 6, 7, 9, 10, 11, 12,13, and 14 of the charge, it okayed Kanu’s trial on counts 1, 2, 3, 4, 5, 8, and 15.
The ruling followed an application Kanu filed to quash the entire charge against him, which he insisted was manifestly incompetent and legally defective.
The judge, who dismissed Kanu’s move to challenge the terrorism charge, upheld seven counts in the fresh charge filed by the federal government against the IPOB leader.
Nyako said that the federal government, through the Office of the Attorney-General of the Federation (AGF), had been able to established some allegations against Kanu in counts 1, 2, 3, 4, 5, 8 and 15.
“Counts 1, 2, 3, 4, 5, 8 and 15 show some allegations.
“The court shall proceed to try the defendant (Kanu) on those counts, ” she ruled.
After the review of the 15 counts, she held that about eight of the counts appeared to be similar and did not disclose action.
She, therefore, ordered that counts 6, 7, 9, 10, 11, 12 13 and 14 should be struck out.
Nyako 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 of Chief Mike Ozekhome, SAN, counsel for Kanu, that whether IPOB was a terrorist organisation under the Nigerian law or not was still a subject of appeal.
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