After several years of standing trial on terrorism allegations, the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, will know his fate today as the court delivers its judgment on the case.
Kanu’s trial has been one of Nigeria’s most talked about legal battles in recent years. He was first arrested in 2015 and charged with treasonable felony and terrorism, but the case has since taken numerous turns.
In 2017, Kanu fled the country while out on bail, following a military operation at his residence during the time of “Operation Python Dance” In the South-East.
In June 2021, he was arrested in Kenya under contentious circumstances and brought back to Nigeria, a move his legal team and IPOB describe as an “extraordinary rendition.”
Upon his return, the charges were expanded to 15 counts, including terrorism and incitement to violence.
Kanu’s defense has repeatedly challenged the trial’s legitimacy. They argue that fundamental legal and procedural errors, including possible violations of international extradition law and jurisdictional rules, undermine the prosecution’s case.
Adegboyega Awomolo, SAN, is representing the Federal Government, while Nnamdi Kanu is representing himself.
2:16pm: Nnamdi Kanu has been convicted on all the seven count charges. According to Justice Omotosho, the right to self-determination is a political right. “Article 20 of the African Charter on Human and Peoples’ Rights, gives people the right to self-determination.
2:13pm: The judge says Nigeria is an indivisible state and can’t be divided, adding that anyone agitating for a break up of Nigeria is breaking the law. “The defendant is using terrorism as a weapon to bring secession to Nigeria. The defendant did not threaten Nigeria only, but his own people.”
2:09pm: Nnamdi Kanu convicted of Count Seven.
2:04pm: The judge, thereafter, convicted him on Count Six.
2:02pm: Justice Omotosho holds that Kanu extended his terrorism act to the United States of America, when he ordered that the American Embassy be brought down, in a broadcast.
1:57pm: Justice Omotosho classifies Nnamdi Kanu as an “international terrorist.” The judge says this is due to his intention to “bomb the British High Commission, and to kill the then British high commissioner Catriona Laing.”
1:43pm: Nnamdi Kanu convicted of Count four and five.
1:24pm: Presently on Count four and five, which are closely related.
1:23pm: Nnamdi Kanu found guilty of Count Three
1:23:pm: Justice Omotosho holds that the threats of violence and killings, including the declaration of sit at home in the South East states, in his many broadcasts constitute acts of terrorism.
1:13pm: Nnamdi Kanu found guilty of Count Two
1:07pm: Nnamdi Kanu found guilty on Count One.
Count 1:
“Committing an act of terrorism against Federal Republic of Nigeria by making broadcast, threatening that people will die and the world will be at a standstill.
“Kanu knew what he was doing, he was bent on carrying out these threats without consideration to his own people.
“From the uncontroverted evidence of the prosecution it is clear that the defendant carried out preparatory act of terrorism.
“He had the duty to explain himself but failed to do so”
1:02pm: The judge adds that evidence shown by the prosecution shows that the defendant ordered the sit-at-home order in the South-East
1:01pm: Judge says the defendant failed to respond to the broadcast accusation and deliberately refused to enter his defence on it
12:34pm: Judgement Points:
The substantive matter: “On the defendant not entering his defence, I begged the defendant passionately to enter his defence, but he remained obsolete. That shows that he chose to rest his case on the prosecution. Which is a gamble and a risky action.” — Justice Omotosho. The jusge says the defendant deliberately refused to call any witness.
10:20am: The judgement is on…
10:15am: The judge starts reading the judgement.
10:14am: Judge says that because of Kanu’s aggressiveness and unruliness, the judgement will be taken in his absence.
10:11am: The judge says he appealed to Kanu severally, but “in his usual manner, he refused to comport himself. Nobody is above the law. If we allow people to act how they please, it will out rule the sanctity of the court.”
10:10am: The judge says it is a constitutional right for a defendant to be present in his trial. He says God established the court for justice. The unruly behavior of Kanu is not new, the judge says. “We have seen instances where the defendant beats his clients, shutting them up.”
10:09am: Awomolo: S 266 ( 1A), says it is in the interest of justice that the court should function according to the law.
10:08am: Kanu, who was led out, is not back with his lawyers.
10:07am: The judge is back. He says he asked the defendant to comport himself. The judgement has to go on.
10:00am: Kanu has refused to release the microphone to the DSS as instructed by the judge.
9:59am: The judge is asking the DSS to take him out of the courtroom. There is a back and forth ongoing.
9:59am: Kanu is telling the court to show him where it is written his final written address can be waived.
9:58am: The judge is asking him to comport himself.
9:57am: Kanu is insisting that he is entitled to file his final written address.
9:56am: The judge insisted he is going on to deliver his judgment.
9:52am: Justice Omotosho speaks, Says most of the issues raised here have been raised by Kanu severally in this court. This court is bound by that order. However, the issues as regards to the court of appeal and the stay of proceedings, shall not be entertained. S306, ACJA, shall not entertain same. There are two types of bail and the case before the court, does not not fall within it. Hearing of the case has been concluded.
9:49am: Kanu is asking to be granted bail in view of the concurrent judgment of superior courts.
9:42am: Kanu is asking why he should be in detention over charges that doesn’t exist. He insists that he did not jump bail.
9:42am: Kanu says charge sheet does not display any existing written law
9:39am: Awomolo did not file any counter affidavit for bail. He urges the court to dismiss the application of Kanu for lacking merit.
9:38am: The notice of bail is brought under section 158 of the ACJA. Kanu is seeking bail on liable terms.
9:34am: Kanu says he did enter his defence. What he did not do, however, is to call his witnesses.
9:33am: Kanu claims he filed a motion on November 12 praying that substantial constitutional issues arising in the trial be referred to the Court of Appeal. Another one dated November 11 praying the court to order prosecution to file his final written address. Another motion dated November 17 asking that he be released on bail. According to him, he personally filed them and served on the prosecution. These are the motions he filed:
9:27am: Kanu adopts his motions. Says count 7 does not exist and destroys the entire trial.
9:26am: Justice Omotosho consolidated the three motions.
9:20am: Kanu says he has a motion of notice filed at the court of appeal. He is identifying all the notice filed.
9:14am: The judge starts the hearing with appearances. He states that there is decorum in the courtroom and it will be followed.
9:12am: Nnamdi Kanu begins speaking. He says there is no judgment as he has filed his processes. He says no judgement would hold.
Credit: Channels TV