Leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu has asked the federal government in Abuja to discharge and acquit him from the 15-count criminal charges filed against him by the federal government.
Kanu claimed that the charges which he denied upon arraignment on Wednesday were incurably defective and have no force of law.
Besides the alleged defectiveness of the charges, the Biafran Nation agitators leader said that the alleged offences brought against him were committed in the United Kingdom, outside the shore of Nigeria.
Kanu had early in the day pleaded not guilty when the charges were read to him at the instance of the federal government.
Shortly after the plea was taken, counsel to the federal government, Mr Shuaibu Labaran told the trial court Judge, Binta Nyako that he prepared to proceed with formal trial of the defendant.
He informed the court that two of his witnesses were in court to testify in the case while some exhibits to be tendered to establish terrorism charges against Kanu have also been brought to court.
Labaran cited section 396 of the Administration of Criminal Justice Act 2015 which stipulates that trial should begin after arraignment while objection on any issue can be taken at any time along with the substantive matters.
However, Kanu’s lead counsel, Chief Mike Ozekhome (SAN) objected to commencement of trial adding that his client has filed two motions on notice, one questioning the validity of the charges and the other seeking bail.
Ozekhome said that the two motions are so fundamental because one of them is challenging the competence of the whole charges and must be first resolved.
He said that Kanu wants to be discharged and acquitted without standing trial because the charges were incurably defective and not worth being defended.
The second motion seeking for fresh bail for Kanu filed on Tuesday, January 18 and served on the prosecution on Wednesday January 19 morning was not riped for hearing.
Justice Binta Nyako in a brief ruling agreed with Ozekhome to take and determine the motion challenging the validity of the charges first.
The Judge fixed February 16 at 12 noon for the parties to return to court to adopt their processes for and against the motion.
However, Kanu has been returned to the detention facility of the DSS till the issue of his request for bail is resolved.
Meanwhile, the federal government has confirmed that the Department of the State Service DSS has provided Kanu with orthopedic mattress, pillows, blankets among others in compliance with court order.
Government lawyer, Shuaibu Labaran conveyed the news to Justice Nyako at the resumption of Kanu’s arraignment.
Kanu’s lead lawyer, Chief Mike Ozekhome SAN showered encomiums on DSS adding that his client will now live and sleep like a human being.
Justice Nyako has directed that clothes brought for Kanu by his family members be handled over to the Director of Legal Services of DSS to enable Kanu change his clothes during proceedings.
Kanu denies terrorism charges, asks court to acquit him*Court fixed Feb.16 to hear Kanu objections to charge
