Legal Nigeria

A Federal High Court in Abuja has fixed February 10 for ruling on a motion by Biafra agitator, Nnamdi Kanu, seeking to quash the charge against him.Justice Binta Nyako chose the date yesterday after listening to arguments for and against the motion by lawyers to Kanu and the prosecution.Kanu, who is the National Coordinator of a group, the Indigenous People of Biafra (IPOB) and three of his associates –  Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi – are being tried before the court on an 11-count charge.They are charged with managing unlawful organisation, possession of firearms, felony, unlawful importation and terrorism.Arguing the motion yesterday, Kanu’s lawyer, Ifeanyi Ejiofor, asked the court to quash the six  counts in the charge which are specifically directed against his client.

He said: “The six counts preferred against the first defendant/applicant (Kanu) as shown in counts 1, 2, 3, 4, 5 and 6 in the substantive charge, and the proof of evidence attached thereto, have not disclosed any prima facie case against the first defendant/applicant, such as to warrant setting the substantive charge down for trial against the first defendant/applicant.”Ejiofor said the counts were “smokescreen charges, basically concocted to ensure that the first defendant/applicant is perpetually held in custody.”Ejiofor argued that by being part of the 1983 coup that ousted then President Shehu Shagari, President Muhammadu Buhary committed treason against the country.He said: “My lord it was Buhari that committed treasonable felony in 1983 when he spearheaded a coup that overthrew a democratically elected government, not my client.”Ejiofor argued that the only evidence the prosecution has to support the charge of treason against Kanu were an extra judicial statement he made to the Department of State Service (DSS), prosecution witnesses’ statemnts and highlight of alleged Radio Biafra broadcasts.The Nation 

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