A Federal High Court sitting in Abuja is set to deliver judgment in the alleged terrorism case against the leader of the proscribed Independent People Of Biafra, Nnamdi Kanu.
The court has commenced sitting with Nnamdi Kanu insisting that judgment can not go on today, because he has filed some processes and issues have been joined.
Justice James Omotosho says there is decorum in the court and it will be followed.
Adegboyega Awomolo, SAN, is representing the Federal Government, while Nnamdi Kanu is representing himself.
Kanu’s trial has been one of Nigeria’s most high-profile and closely followed legal battles in recent years. He was first arrested in 2015 on charges of treasonable felony and terrorism, but the case has seen numerous developments and delays since then.
In 2017, Kanu fled Nigeria while on bail, following a military operation at his residence during the “Operation Python Dance” exercise in the South-East. He was later arrested in Kenya in June 2021 under controversial circumstances and returned to Nigeria—a move Kanu’s legal team and IPOB have described as an “extraordinary rendition.”
Upon his return, the charges against him were expanded to 15 counts, including terrorism, incitement to violence, and other offenses.
Throughout the trial, Kanu’s defense has repeatedly questioned the legitimacy of the proceedings, citing alleged procedural errors, violations of international extradition law, and jurisdictional issues that, they argue, compromise the prosecution’s case.
9.12am: Ahead of the judgment, Kanu spoke in court, asserting that no ruling would stand against him as he has already filed the necessary legal processes.
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9.14am: The judge starts the hearing with appearances. He states that there is decorum in the courtroom and it will be followed.
9.20am: Kanu says he has a motion of notice filed at the court of appeal. He is identifying all the notice filed.
9.26am: Justice Omotosho consolidated the three motions
9.27 am: Kanu adopts his motions.
9.38am: Kanu seeks permission to file final notice of written address having entered his defense
9.40am: The notice of bail is brought under section 158 of the ACJA seeking bail on liable terms
Next is Prosecuting Counsel Adegboyega Awomolo Senior Advocate Of Nigeria
9.42am: Reacting to the motions filed by Mr Kanu, he noted that counter affidavits were filed in respect to Mr Kanu’s application.
However an affidavit was not filed to his application for bail.
9.44am: Mr Awomolo prayed the court to dismiss the motions filed by Mr Kanu for lacking in merit
9.45am: The argument that he is being charged under an unknown law is a repetition of an old argument.
Nnamdi Kanu Next
9.45am: My charge sheet does not disclose any written laws known in Nigeria
Kanu just consulted with His former Lawyer Aloy Ejimakor and Others
9.46am: The Presiding Judge has asked them to stand and guide him properly
9.46am: My charge sheet does not disclose any written laws known in Nigeria
9.47am: Moving his application for bail, Mr Kanu submitted that since the prosecution did not file a counter affidavit it is deemed that he accepted the submission in the motion.
Stays of execution can be invoked when jurisdictions is challenged
9.48am: Kanu is asking to be granted bail, in view of a concurrent judgment of the superior courts
9.48am: Justice Omotosho ruling on the applications filed by Kanu
Ruling:
9.48am: Most of the issues raised by Mr Kanu has being previously raised by him severely in this court
9.48am: The court has is bound by its earlier order that all preliminary issues will be taken together with the judgment
9.48am: 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. Kanu is asking why he should be in detention over charges that doesn’t exist. He insists that he did not jump bail.
9.50am: Hearing in the case has been concluded
9.52am: Kanu Objected to the ruling of the court. He insisted that final written address rights must be granted to him, as he has not forfeited such right.
9.52am: Nnamdi Kanu visibly angry insisting on his right to final written address
9.52am: Justice Omotosho orders for Kanu to be taken out of the court
9.53am: Kanu challenges Justice Omotosho
9.53am: Drama ensues as Kanu says justice Omotosho must listen to him
9.54: security officials tried to calm Kanu down in the court
9.55am: Justice Omotosho rises to reconvene
9.56am: Kanu engages in a scuffle with security officials
9.58am: Court reconvenes
9.59am: Kanu is absent from the proceedings
Justice Omotosho speaking
10.00am: I tried to appeal to the defendant to comport himself but he refused. The court has to go on with the proceedings.
10.01am: Awomolo speaking
Acts by Kanu in court is a misconduct.
He prayed the court that section 266 of ACJA be invoked
10.02am: Omotosho
The attendance of a defendant in his trial is a constitutional right.
The sanctity of the temple of justice must be maintained.
The unruly behave of the defendant is not new to the court
10.03am: I appealed to Kanu to comport himself but he refused, the institution must be respected
10.04am: No body is above the law, that is is essence of the court of law
10.05am: As a judicial officer I am bound to protect the sanctity of justice
10.05am: The rights to be present in the trial is a fundamental right, but fundamental rights is not absolute
10.06am: The law is clear if a defendant acts unruly, his trial can be done in his absence
10.06am: We are not taking evidence this morning, it is for judgment
10.07am: Because of the unruly behavior of the defendant, the judgment will proceed in this absence.
Judgment Ongoing
10.09am: Justice Omotosho reading out the charge.
10.25am: Justice Omotosho is delivering judgement
10.28am: Justice Omotosho reading out the evidence against the defendant, Nnamdi Kanu
11.20am: Justice Omotosho recounts the trial from 2015 as well as the entire proceedings in his court
11.22am: Omotosho recalled that Kanu asked for several adjournments during the course of the proceedings
11.23am: The decision of defendant to not give evidence on oath makes his allegation of extraordinary rendition bare.
11.25am: The unruly behavior of the defendant shows that he is fit to stand trial
11.27am: This matter is a criminal matter under section 137 of the evidence Act , evidence must be beyond reasonable doubt.
11.27am: The court has been extremely patient and lenient with the defendant.
11.28am: The defendant refused to open his defense despite several calls by the court for him to do so.
11.30am: In view of ACJA Mr Kanu can not claim he was mislead to take his plea as he clearly understood English language being educated
11.31am: Omotosho also ruled that the defendant did not provide any credible evidence to back up his claims of eavesdropping on his conversations with his lawyers at the DSS facility
11.31am: Mr Kanu had enough time to prepare for his trial as he had lawyers to guide him, which he later disengaged.
11.35am: On the issue of extraordinary rendition
Justice Omotosho referenced the judgment of the Supreme Court, particularly the pronouncement by Justice Emmanuel Agim.
Even in a civil matter once criminal elements are introduced it must be proved.
Mr Kanu only swore to an affidavit, which is insufficient to prove indeed he was extraordinarily rendition.
11.45am: The argument of Kanu that the terrorism prevention act 2013 has been repealed by the terrorism prevention act 2023.
11.46am: When the charges against Mr Kanu were filed it was under the 2013 act which was duly passed by the National Assembly.
11.46am: The 2013 act was in existence before he was arrested and charged.
11.47am: The Terrorism prevention and prohibition act 2022 came in at a later date after the alleged offenses were committed
11.52am: Section 98 of the terrorism prevention act 2022: It states that’s any case done under the repealed act may be continued and commenced and will be enforced to the same extent to as if the new act has not been made.
11.55am: Failure of the Defendant to open his defense
11.55am: Despite several passionate appeals by the court to the defendant to open his case, he refused
11.55am: It means he has decided to rest his case on that of the prosecution.
11.55am: This position of the defendant is a gamble, if the evidence tendered by the prosecution is believed by the court
BREAKING: Nnamdi Kanu found guilty on count 1
12.02pm: Count 1
Committing an act of terrorism against FRN by making broadcast by threatening that people will die and the world will be at a standstill.
Mr Kanu knew what he was doing , he was bent on carrying out these threats without consideration to his own people.
From the incontroverted evidence it is clear that the defendant carried out preparatory act of terrorism.
He had the duty to explain himself but failed to do so
BREAKING: Nnamdi Kanu found guilty on count 1
12.10pm: On count 2
The defendant carrying out threats to anyone who fails to obey at home order in the south-eastern state of Nigeria
Evidence by the prosecution shows that the defendant issued these threats.
It is unconstitutional act ordering a sit at home , which violates the right of others citizens.
The declaration without any constitutional powers is a terrorist act
BREAKING: Nnmadi Kanu found guilty on count 3
12.30pm: Count 3
Belonging to a proscribed organization
Evidence by the prosecution showed that Mr Kanu was not only a member but the leader of the IPOB a proscribed group.
In several broadcasts, Mr Kanu admitted to being a member of IPOB
There is nothing before this court to prove otherwise
He also belongs to the ESN which is the armed wing of IPOB
Section 122 of the evidence act, in view of an order made by Justice Binta Nyako in a case between the AGF Vs IPOB in which the declares the activities of IPOB illegal and the group a terrorist organization
The gazetted judgment was tendered by the prosecution
BREAKING: Nnmadi Kanu found guilty on counts 4 and 5
Count 4 and 5
Inciting the killing of security personnel
Provoking unlawful behavior by calling for attacks on police officers and their families is tantamount to acts of terrorism
Over 128 police officers were killed, military officers 37 other security officers 10.
INEC buildings as well as police stations were burnt down, which shows the extent of Mr Kanu’s incitement
During the ENDSARS protest the incitement of Mr Kanu contributed to the damage done during the protest
Kanu turned himself to a Tyrant
BREAKING: Court Names Nnamdi Kanu International Terrorist
Count 6
Making a broadcast in Nigeria against the federal government where he ordered members of IPOB to manufacture Bombs and other explosives
Mr Kanu called on graduates of chemical engineering and chemistry in a broadcast to manufacture any Molotov cocktails.
This is a terrorist act. Through Radio Biafra Kanu carried out many act of terrorism
Court names Nnamdi Kanu as International Terrorist due to his intention to bomb the American Embassy and to kill the then British high commissioner Catriona Laing
BREAKING: Nnamdi Kanu Found Guilty on Count 7
Count 7
Importing into Nigeria and keeping a radio transmitter concealed in a container of used household items.
In line with Section 47 of the Customs and Excise Management Act where the content declared is different from what was imported
The transmitter was not declared.
There is no evidence that Radio Biafra is registered with the NBC
No evidence before the court to prove otherwise
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
Nigeria domesticated the charter provided it does not conflict with the constitution
Section 1(1) of the constitution states that Nigeria is one indivisible and indissoluble sovereign state
Self-determination can only be achieved by seeking an amendment to the constitution from the National Assembly and not a referendum
BREAKING: Nnamdi Kanu Found Guilty On All Terrorism Charges (Speaking: Adegboyega Awomolo , Prosecuting counsel)
The prosecution witnesses were witnesses of truth
Kanu was unruly, arrogant
He clearly stated that no court can convict him, this is a direct affront to the court.
Kanu who claimed to be a freedom fighter has done more harm than good to even his own people
Kanu is a terrorist and must be treated as such
Nnamdi Kanu Convicted on all 7 counts
Adegboyega Awomolo prayed the court to hand down the maximum sentence as prescribed by law
He faulted the use of the social media platform to cause chaos.
He ask the court to impose restrictions on the use of Social media by Mr Kanu pending his execution in compliance with the sentencing
If the court is inclined to allow him access to electronic devices it should be with the permission of the NSA.
Awomolo asks that Kanu be kept in the safest custodial center anywhere in Nigeria pending his execution or sentence
I am not too confident about the safety of Kuje correctional center- Awomolo
He also adds that his enemies or friends may come for him and that Kuje that has witnessed Jailbreaks is not safe to preserve his life until he is either executed or otherwise
The court give Kanu’s former lawyer chance for allocutus before sentencing is handed down
The court give Kanu’s former lawyer chance for allocutus before sentencing is handed down
But Alloy Ejimakor ceded that role to a member House of Representatives , representing the constituency where Kanu came from
Speaking he pleaded for clemency, mercy and peace.
He appealed for leniency
He prayed the court to temper justice with mercy
Court adjourns to reconvene at 3.50pm for sentencing
