FG Files Fresh Charge Against Biafra Spokesman, Kanu

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Nigerian government yesterday filed a fresh six count criminal charge against the leader of the Indigenous People of Biafra, Nnamdi Kanu before Justice A.R Mohammed of the Federal High Court sitting in Abuja.
Another judge, Justice Adeniyi Ademola of the same court had last week Thursday discharged and acquitted Kanu of the charge preferred against him and subsequently released him unconditionally.
Also, an Abuja Chief Magistrate Court had last week struck out the charge earlier filed by the Department of State Security against Kanu.
The new charge dated December 18 was filed by the office of the Attorney General of the Federation, and signed by the Director of Public Prosecution, Mohammed Diri.
The arraignment would have come up on Monday but for non service of the charge on some of the parties.
In the new charge, Kanu was accused of treasonable felony, maintaining an unlawful society and illegal possession of items, among others.
The charge also alleged that Kanu and some persons who now at large plotted to cause crises that might force President Muhammadu Buhari, to concede certain parts of Nigeria to a purported Biafra nation.
The accused was also alleged to have been maintaining unlawful society and retaining items belonging to IPOB, among others.
According to the charge, the offences are punishable under sections 41 (C), and 63 of the criminal code act; as well as section 47(2) (a)
Charged along with Kanu are Benjamin Madubugwu and David Nwawuisi.
It can be recalled that the court had last Friday while granting bail to Kanu faulted the action of the Department of State Security for detaining Kanu for over two months, without trial.
More so, Chief Magistrate Shuaibu Usman had also last Wednesday struck out all criminal charges leveled against Kanu.
The striking out was sequel to the notice of discontinuance brought by the Prosecuting Counsel, Moses Idakwo.
In his ruling on the bail application, Justice Ademola held that the continued detention of Kanu after two months without trial, violated Section 158 of the Administration of Criminal Justice Act 2015 and Section 35 of the 1999 Constitution.

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The court further noted that there is no law that permitted the DSS or any other security agencies to detain any Nigerian over two months, when in actual fact, the DSS is not showing any readiness to bring him for trial.
The court also held that his continous detention, is illegal and should be released on bail unconditionally.
“Especially in the light of the deposition of the counsel to the DSS that it has no charge against Kanu in any court of jurisdiction, it will be illegal and unconstitutional to keep him in detention. The applicant is here granted bail unconditionally” the court held.
Before the case was struck at the Magistrate court, Kanu had been put on trial for criminal conspiracy, managing and belonging to an unlawful society and criminal intimidation contrary to Section 97, 97B and 397 of the penal code.
The fact of the case, according to a DSS report, was that the accused formed an unlawful society with the purpose of bringing into being a Republic of Biafra.
He was alleged to have proclaimed himself as the leader of the Republic of Biafra and established Radio Biafra.
Kanu was also alleged to have appointed himself Commander of the Loyal Forces of Biafra and was broadcasting to the whole world the dire consequences of the government and people of Nigeria will surfer should they attempt hinder the actualisation of the Republic of Biafra.

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