Barrister Ifeanyi Ejiofor, Nnamdi Kanu’s lawyer, who visited the IPOB leader in DSS detention today, described the fresh 15-count charge the worst abuse ever of court process and a joke taken too far.
“Today, we were served with a 15-Count Amended Charge filed by the Director of Public Prosecution of the Federation in respect of a case already scheduled tomorrow, for the hearing of our Preliminary objection challenging the competence of the 7-Count Amended Charge.
“This is indeed a joke taken too far as the Federal Government of Nigeria (FGN) is now scouting for an opportunity to truncate tomorrow’s proceeding, knowing fully well that the smokescreen charge is dead on arrival.
“We wish to categorically point out with dismay, that this further Amended Charge is the WORST kind of abuse of legal process that we have encountered in the history of legal practice – either in Nigeria or anywhere in the world.
“This 15-Count Amended Charge was no doubt brought in bad faith and is aimed at needlessly prolonging proceedings in the cause. The same FGN that brought our Client to Court is needlessly initiating processes that will delay the trial.
“It is worthy to note that an Amended 7-Count Charge had earlier been filed against Onyendu Mazi Nnamdi Kanu since October 2021, pursuant to which a preliminary objection was raised against this 7-Count Amended Charge. The parties have fully filed and exchanged processes and arguments on the objection, and the same has been set down for hearing.
“Brazenly, a day before the hearing date, and without affording the court the opportunity to listen to arguments on the objection, and take a decision on the objection raised one way or the other, the prosecution, in utter bad faith, filed a further Amended Charge to supercede and supplant the earlier Amended Charge on which issues have been joined on the objection raised against it. This is indeed, the worst kind of abuse of court process.
“Although the prosecution has the liberty to amend a charge, it cannot exercise that prerogative to abuse the process of the court, or to supplant an objection that has been raised against an earlier amendment, which has not been decided on, or to overreach the defence, or to render nugatory or as a fait accompli, the decision of the court on a pending preliminary objection against an Amended Charge that is yet to be determined.
“Nevertheless, we herein assure UmuChineke that we have already devised a solution to every of their antics, it will only end in court, they can only run thus far.
“We therefore, urge you all to await the legal fireworks in court tomorrow. There must be light at the end of the tunnel”.
The Federal Government, on Monday, filed the fresh 15-count charge against the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The Office of the Attorney-General of the Federation (AGF), in the amended application, filed before a Federal High Court, Abuja, presided over by Justice Binta Nyako, increased the counts from seven to 15.
The amended charge marked FHC/ABJ/CR/383/2015 was signed by the Director of Public Prosecution (DPP), M. B. Abubakar.
The IPOB leader, who has been facing a seven-count treasonable felony charge, is expected to enter his fresh plea to the 15 counts on Jan. 19 when the matter will come up for hearing.
Below is the amended 15-count charges:
COUNT ONE
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, Umuahia North Local Government Area of Abia State sometimes in 2021 being a member and the leader of lndigenous 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 a 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)(6) of the Terrorism Prevention Amendment Act. 2013.
COUNT TWO
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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 Jurlsdiction of this Honourable Court and you thereby committed an offence punishable under Section 1(2)(b) of the Terrorism Prevention Ammendment Act. 2013.
COUNT THREE
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, Umuahia North Local Govenment 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 punishabie under Section 16 of the Terrorism Prevention Amendment Act. 2013.
COUNT FOUR
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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, 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 Nigeria 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 Afaranukwu lbeku, 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, in furtherance of an act of terrorism against the Federal Republic Nigeria and the people of Nigeria in which you incite members of the Public in Nigeria to hunt and kill families of Nigeria security personnel and that you thereby committed an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amenament Act, 2013.
COUNT SIX
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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, in furtherance of an act of terrorism against the Federal Republic Nigeria and the people of Nigeria in which you incite members of the Public in Nigeria to attack Officers of the Nigerian Police Force and you there by committed an offence punishable under section 1 (2)(h) of the Terrorism Prevention) Amendment Act, 2013.
COUNT SEVEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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, in furtherance of an act of terrorism against the Federal Republic Nigeria and the people of Nigeria in which you incite members of the Public in Nigeria to attack Officers of the Nigerian Police Force and you there by 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 Afaranukwu lbeku, 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, in furtherance of an act of terrorism against the Federal Republic Nigeria and the people of Nigeria in which you directed members of the Indigenous People of Biafra, IPOB, a proscribed organisation to manufacture bombs you there by committed an offence punishable under section 1 (2)(f) of the Terrorism Prevention Amendment Act, 2013.
COUNT NINE
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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, in furtherance of an act of terrorism against the Federal Republic Nigeria and the people of Nigeria, with intent to destabilise the Fundamental Political and Economic structures of Nigeria. You incite members of the Public to stop the Anambra State Elections and you there by committed an offence punishable under section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.
COUNT TEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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, in furtherance of an act of terrorism against the Federal Republic Nigeria and the people of Nigeria, with intent to destabilise the fundamental political and economic structure of Nigeria, you incite members of the Public to destroy public facilities and you there by committed an offence punishable under section 1 (2)(h) of the Terrorism Prevention Amendment Act, 2013.
COUNT ELEVEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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 intimidate the population of Nigeria, in furtherance of an act of terrorism against the Federal Republic Nigeria and the people of Nigeria threatened members of the public not to come out on Monday, 31st day of May, 2021 and you there by committed an offence punishable under section 1 (2)(h) of the Terrorism Prevention) Amendment Act, 2013.
COUNT TWELVE
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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 members of the public to stage a violent revolution in furtherance of an act of terrorism against the Federal Republic Nigeria and the people of Nigeria and that you there by committed an offence punishable under section 1 (2)(h) of the Terrorism Prevention) Amendment Act, 2013.
COUNT THIRTEEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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 a furtherance of an act of terrorism against the Federal Republic Nigeria and the people of Nigeria hence directed members of the Public to burn down every Federal facility in Lagos, resulting in a major economic loss to the federal government and you there by committed an offence punishable under section 1 (2)(h) of the Terrorism Prevention) Amendment Act, 2013.
COUNT FORTEEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, 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 Nigeria and the people of Nigeria hence you directed members of the Public to destroy public transport system in Lagos resulting in major economic loss to the government and you there by committed an offence punishable under section 1 (2)(h) of the Terrorism Prevention) Amendment Act, 2013.
COUNT FIFTEEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu lbeku, Umuahia North Local Government Area of Abia State, on diverse dates between the month of March and April 2015 imported into Nigeria and kept 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 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.
