Newsonline has compiled the latest Biafra news today, the latest news about Biafra activist Nnamdi Kanu, Nnamdi Kanu news, and other Biafra groups such as the IPOB, MASSOB, BIM, and BNL for today, Wednesday 26th October 2022.
Newsonline reports that the Court of Appeal has refuted media reports that it transferred the three justices that discharged and quashed the terrorism charges against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu on October 13, 2022.
The appellate court said that only one out of the alleged 3 judges that handled Kanu’s case was affected by the new postings.
This disclosure is contained in a statement issued by the Chief Registrar of the court, Malam Umar Mohammed Bangari, who said that the transfer of 21 out of the 81 justices of the court of appeal was a routine exercise aimed at reinvigorating the justice delivery of the Court.
The statement appealed to the media to exercise restraint and circumspection in reporting matters pertaining to the Court and its operations, adding that the court has an open-door policy of providing easy access to the media to make inquiries and seek clarification on any matters of interest to the media for the benefit of the general public.
The statement from Bangari partly reads, “The attention of the Court of Appeal has been drawn to a publication in the media on Monday, October 24, 2022, with the caption ‘Nnamdi Kanu: 3 Justices on Appeal Court Panel Transferred’.
“The publication in question conveyed the innuendo to the effect that the recent postings of Justices of the Court of Appeal were in connection with or in response to the judgment of the Court of 13th October 2022 in Nnamdi Kanu Versus the Federal Republic of Nigeria.
“We wish to state categorically that the general postings of the Justices of the Court of Appeal under reference were routine and aimed at reinvigorating the justice delivery system of the Court. In fact, 21 out of 81 Justices including 6 Presiding Justices of the Court were affected by the general postings.
“It is therefore incorrect to insinuate that the Honourable Justices who delivered the judgment in the Nnamdi Kanu appeal were the targets of the routine posting exercise. A few minutes of inquiry by the media could have clarified the fact.
“We appeal to the media to exercise restraint and circumspection in reporting matters pertaining to the Court and its operations. The Court of Appeal has an open door policy of providing easy access to the media to make inquiries and seek clarification on any matters of interest to the media for the benefit of the general public.”
Newsonline recalls that a few days ago, there were reports that the 3 Justices that sat on the Court of Appeal panel that quashed the 15-count terrorism charge the Federal Government preferred against Nnamdi Kanu, have been transferred from their various divisions.
According to the reports, the 3 appellate court justices were transferred 4 days after they delivered the judgment that discharged the embattled IPOB leader.
Supreme Court will today hear the appeal filed by the Federal Government to set aside the Appeal Court judgment on the treasonable felony trial that freed Mazi Nnamdi Kanu, detained leader of the Indigenous People of Biafra (IPOB).
The Federal Government, in the notice of appeal it hinged on seven grounds, wants the apex court to stay the execution of the judgment the appellate court delivered on October 13.
It is, among other things, arguing that the Appeal Court panel of three justices erred in law and occasioned a miscarriage of justice when it relied on the manner Kanu was renditioned from Kenya to Nigeria to quash the entire charges against him after he jumped bail a trial court granted to him in 2017.
The federal government also maintained that the appellate court acted in error by striking out the charge against the IPOB leader on the premise that the trial judge no longer had the jurisdiction to handle the matter
The Federal Government is, therefore, through the office of the Attorney-General of the Federation and Minister of Justice, praying to the apex court to in the interim, suspend the execution of the Court of Appeal verdict, pending the hearing and determination of its appeal.
Recall that the appellate court had in a unanimous judgment accused FG of flagrantly violating all known laws in the way it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
It held that such extraordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, treaties, protocols and guidelines that Nigeria is signatory to, as well as a breach of the appellant’s fundamental human rights.
The appellate court held that FG’s action tainted the entire proceeding it initiated against Kanu and amounted to an abuse of criminal prosecution.
“The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness,” the appellate court held, even as it accused FG of engaging in “serious abuse of power.”
The outcome of the apex court’s hearing on the matter will determine what direction the protracted trial of the IPOB leader is going since he was apprehended in October 2015 in a Lagos hotel after he flew into the country from his base in the United Kingdom, where he is a Director of Radio Biafra.
Meanwhile, Newsonline reports that the three justices that sat on the Court of Appeal panel that quashed the 15-count terrorism charge preferred against Kanu have been transferred from their various divisions.
It was gathered that the three appellate court justices were transferred four days after they delivered the judgment that discharged the embattled IPOB leader. While the presiding Justice, Jummai Hanatu Sankey, who was in the Gombe Division of the court, has been moved to Awka Division; Justice Oludotun Adetope-Okojie, who delivered the lead judgment, was transferred to Owerri, and the third member of the panel, Justice Ebiowei Tobi, was moved to Gombe.
A memo dated October 17, which was signed by the President of the Court of Appeal, Justice Monica Dongban-Mensem, noted that the new posting for the justices was with immediate effect as they were expected to report to their new stations by October 21.
DESPITE representations and pleas by rights groups and Ohanaeze Ndigbo to the government to exploit the appellate court ruling as a window for a political solution to the IPOB secessionist agitations, FG last week filed its appeal at the apex court.
Reacting to the development, the Director of Abuja School of Social and Political Thought (ASSPT), Prof. Sam Amadi, said the government should always carry out due diligence before rushing to court.
Amadi, who is also a lawyer, said: “The acts of the Federal Government in illegally bringing Kanu back to face trial shows a lack of due diligence and poor legal policy analysis.
“The fact that the Court of Appeal has to make this declaration is evidence that the quality of legal advice available to the government is pathetically poor. It casts doubt on the competence of State House lawyers and officials in the Ministry of Justice.
“We know that even in developed democracies, the profile of the Attorney General determines the quality of administration of justice in those countries.
“I think that in 2023, the new President should appoint someone who has good understanding of law and policy and not necessarily someone who is successful in law practice, because there are many factors besides intelligence that determine success in legal practice.”
IPOB has asked FG to obey verdict of the Court of Appeal of October 13. The group, however, said it was ready to meet with government at the Supreme Court today.
In a statement by its Media and Publicity Secretary, Emma Powerful, IPOB reiterated that no amount of threat or intimidation would make it retreat from the Biafra Restoration project.
The separatist group also accused security agencies of being responsible for truck drivers’ road blockade protest for the release of its leader, Kanu. It warned security agencies to discontinue with its agenda of road and food blockade, sabotage or face confrontation.
Ebonyi State Police Command, at the weekend, said it has arrested Commanders of IPOB/Eastern Security Network (ESN), in a thick forest, close to Opeke River, in Omege Village of Agba community, Ishielu Council.
During their arrest, the combined team of police, military and DSS also recovered assorted arms, ammunition, military uniforms and other incriminating exhibits from the criminals.
In a statement signed by the Police Public Relations Officer, SP Chris Anyanwu, he said: “The team after dislodging the criminal elements and taking over the ground, the camp, which they christened ‘Igbo Bu Igbo Training School Camp’, was ransacked and destroyed. Equally, a wooden bridge under construction intended to aid the miscreants in their coming in and going out, was dismantled.
“The operation spearheaded by the Command’s tactical teams and assisted by the military and DSS in the state, was prompted by quantum pieces of reliable evidence, elicited from interrogation of Nnamdi Ngwuta Obaji, aka State Commander No. 3, and another operative of the outlawed group, Felix Ogudu, who were earlier arrested.”
The Federal Government through the Appeal Court leadership has transferred three justices that sat on the panel that dismissed the 15-count terrorism charge the Federal Government instituted against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Recall that Justices Jummai Hanatu Sankey, Oludotun Adetope-Okojie and Ebiowei Tobi had faulted the Muhammadu Buhari-led administration for ‘abducting’ the IPOB Leader from Kenya.
Delivering the lead judgement on October 13th, Justice Oludotun Adebola ruled that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria thereby making the terrorism charges against him incompetent and unlawful.
The justices voided and set aside the charges by the Federal Government against Kanu.
The Appellate Court proceeded to discharge Kanu from the alleged offences.
Justice Adebola held that the failure of Nigeria to follow due process by way of Extradition was fatal to the charges against Kanu.
They further held that the failure of the Federal Government to disclose where and when the alleged offences were committed was also fatal to the terrorism charges and made them liable to dismissal.
But in a memo dated October 17th, which was signed by the President of the Court of Appeal, Justice Monica Dongban-Mensem, the three justices were moved from their various divisions.
The memo emphasized that the new posting for the justices was with immediate effect and that they were expected to report to their new stations by October 21.
According to the memo, the presiding justice, Jummai Hanatu Sankey, who previously was in the Gombe Division of the court, has been transferred to Awka Division, whereas Justice Oludotun Adetope-Okojie who delivered the lead judgement, was moved to Owerri, while Justice Ebiowei Tobi, the third member of the court panel was transferred to Gombe
United States-based Special Counsel to the Leader of the Indigenous People of Biafra (IPOB) Mazi Nnamdi Kanu, Bruce Fein, has petitioned the US Senate and House of Representatives Committee Chairmen, seeking sanctions against President Muhammadu Buhari; and the Attorney General of Nigeria, Abubakar Malami.
This online news understands that Nnamdi Kanu’s Lawyer is seeking sanction for the duo for the continued detention of Nnamdi Kanu despite an Appeal Court judgement ordering the release of the IPOB leader.
The letter was captioned: “RE: Global Magnitsky Human Rights Accountability Act: Recommending President Joe Biden to impose sanctions against Nigerian President Muhammadu Buhari and Nigerian Attorney General Abubakar Malami for gross violations of internationally recognized human rights against Biafran leader Nnamdi Kanu, including kidnapping, torture, and prolonged arbitrary detention to retaliate for exercising internationally recognized rights to freedom of expression and association.”
The IPOB leader’s lawyer asked the legislature to prevail on US President Joe Biden to impose severe sanctions on Buhari and Malami for flouting both the United Nations Human Rights Council Working Group on Arbitrary Detention Opinion and the Nigerian appeal court judgement ordering the immediate release of Kanu.
While likening Buhari and Malami to Russian President Vladimir Putin; Chinese President Xi Jinping; and Saudi Arabian Prime Minister, Mohammed bin Salman, the lawyer urged Congress not to allow them to get away with their rascality and lawlessness.
He addressed the letter to Robert Menendez, Chairman of, the Senate Committee on Foreign Relations; Jim Risch, Ranking Member of, the Senate Committee on Foreign Relations; and Richard Durbin, Senate Committee Chairman on the Judiciary.
Others are Chuck Grassley, Ranking Member of, the Senate Committee on the Judiciary; Pat Leahy, Senate Committee Chairman on Appropriations, Richard Shelby Ranking Member, the Senate Committee on Appropriations; and Honourable Sherrod Brown, House Committee Chairman on Banking, Housing, and Urban Affairs.
The letter was also addressed to Pat Toomey Ranking Member, Senate Committee Chairman on Banking, Housing, and Urban Affairs; Gregory Meeks, House Committee Chairman on Foreign Relations, among others.
Below is the full text of the letter:
“I represent Biafran leader Nnamdi Kanu.
“Mr. Kanu has been illegally detained in solitary confinement in cramped quarters for sixteen (16) months without adequate access to needed medical care or to counsel by Nigeria’s State Security Services controlled by President Muhammadu Buhari and Attorney General Abubakar Malami.
“Mr. Kanu’s detention followed his kidnapping, torture, and extraordinary rendition from Kenya in June 2021 to retaliate for advocating a Biafran independence referendum modeled on the United States-brokered 2011 referendum for South Sudan. Mr. Kanu opposes the use of force with the sole exception of self-defense.
“On July 20, 2022, the United Nations Human Rights Council Working Group on Arbitrary Detention issued an Opinion finding Nnamdi Kanu’s detention in violation of sixteen (16) international human rights guarantees. The Opinion ordered his “immediate and unconditional release,” Opinion, paragraph 107. (See Attachment A). President Buhari and Attorney General Malami have ignored the directive for nearly three (3) months with no indication that compliance will ever be forthcoming.
“In January 2022, following the extraordinary rendition of Mr. Kanu, a Nigerian High Court judgment impliedly exonerated him from the Nigerian government’s Orwellian claim that he had jumped bail in evading its notorious attempted assassination.
“On October 13, 2022, the Court of Appeal of Nigeria, Abuja Judicial Division, Holden at Abuja, decreed that Nigeria’s detention of Mr. Kanu was illegal because of his extraordinary rendition from Kenya in violation of international and state laws. (See Attachment B). The Court ordered dismissal of all charges against him. Again, President Buhari and Attorney General Malami have flouted the Court’s orders and kept Nnamdi Kanu illegally detained.
“The Opinions of the Working Group on Arbitrary Detention and the Court of Appeals of Nigeria speak for themselves. They are crystal clear.
“Accordingly, I would respectfully urge you individually and collectively to recommend to President Joe Biden that he impose sanctions against President Buhari and Attorney General Malami for gross violations of Mr. Kanu’s internationally recognized human rights under the Global Magnitsky Human Rights Accountability Act, 22 U.S.C. 2656 note, The sanctions should include ineligibility for a visa to enter the United States and blocking of all transactions in properties of Mr. Buhari and Mr. Malami in the United States.
“What Nigeria has done to Mr. Kanu is indistinguishable from Russian President Vladimir Putin, Chinese President Xi Jinping, and Saudi Arabian Prime Minister Mohammed bin Salman sending thugs abroad to poison, murder, torture, silence, and intimidate dissidents to their dictatorial regimes. They are a threat to international peace and security and subvert the rule-based international order championed by the United States.
“To permit President Buhari’s and Attorney General Malami’s thuggery to escape with impunity would be unacceptable.”
This online newspaper understands that it has asked the apex court to stay the execution of the October 13 Court of Appeal judgment that freed the leader of the separatist group.
The request forms one of the reliefs in a motion for a stay of execution filed yesterday before the apex court by the office of the Attorney-General of the Federation (AGF).
Newsonline learnt that the motion contained a seven-ground notice of appeal, in which the Federal Government not only faulted the lower court’s decision but equally prayed that it be set aside.
The appellant argued, among others, that the Court of Appeal erred when it faulted the manner Kanu was brought back to face trial after he jumped bail and fled the country.
It contended further that the Court of Appeal erred when it struck out the pending charge against Kanu on the ground that the trial court no longer possessed the requisite jurisdiction to continue the trial because of the manner Kanu was returned to the country upon allegedly jumping bail.
A date for the hearing of the motion for the stay of execution is being awaited.
Last Thursday, the Court of Appeal in Abuja declared as unlawful Kanu’s repatriation to Nigeria from Kenya and his subsequent arraignment before a Federal High Court in Abuja for the continuation of his trial on pending terrorism charges.
The three-member panel of the court also quashed the terrorism charge brought against him by the Federal Government, pending before the Federal High Court in Abuja.
The Appeal Court was of the view that the Nigerian government breached all known local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the terrorism charge against him incompetent and unlawful.
The judgment was on an appeal marked: CA/ABJ/CR/625/2022 filed by Kanu against an earlier ruling by Justice Binta Nyako of the Federal High Court, Abuja.
In the lead judgment, Justice Oludotun Adefope-Okojie declared as illegal and unlawful Kanu’s abduction from Kenya and his subsequent return to Nigeria.
Justice Adefope-Okojie proceeded to quash the remaining seven counts in the 15-count charge filed by the Federal Government.
Justice Nyako of the Federal High Court had, in an earlier ruling, quashed eight out of the 15 counts.
Justice Adefope-Okojie held that the Nigerian government violated all laws in the forceful rendition of Kanu to Nigeria, thus invalidating the charges.
“By the illegal abduction and extra-ordinary rendition of the appellant, there was a clear violation, by the respondent (Federal Government) of international treaties, conventions, as well as the African Charter on Human and Peoples Rights,” she said.
Justice Adefope-Okojie added that having flagrantly breached Kanu’s fundamental rights, the Federal Government lost the legal right to put him on trial.
She held that the trial court, therefore, lacked the jurisdiction to try the appellant on the retained counts of the charge.
“No court can try him going by the circumstances of the extraordinary rendition,” she said.
Justice Adefope-Okojie said: “Having resolved issue one in favour of the appellant, which deals with jurisdiction, the appeal succeeds. The order of Justice Binta Nyako which ordered the appellant to answer to counts 1, 2, 3, 4, 5, 8 and 15 is set aside, terminated and dismissed.
“Appellant is accordingly discharged,” Justice Adefope-Okojie said.
Nnamdi Kanu‘s legal team has issued a formal notice of release to the Attorney-General of the Federation and the Director General of the State Security Service, demanding the immediate release of their client.
The legal team, led by Mike Ozekhome (SAN), issued the formal notice dated October 17, 2022. In the notice shared on Tuesday by IPOB’s lawyer Ifeanyi Ejiofor on his Facebook handle, The team urged the AGF and DG of DSS to immediately comply with the judgment of the Court of Appeal.
Newsonline recalls that on October 13, the Appellate court discharged Mr Kanu of the remaining charges against him.
In the final formal notice of release which was attached with a copy of the Appellate court’s judgment, the legal team urged Abubakar Malami and the DG of the State Security Service to refer to the judgment and release their client immediately.
Part of the notice by Kanu’s legal team said, “recall that Mazi Nnamdi Kanu was forcibly abducted from Kenya and was consequently extraordinarily renditioned to Nigeria. Upon being brought before the court on the 29th day of June 2021, the court directed that he be remanded in the facility of the State Security Service. Mazi Nnamdi Kanu has been in the custody of the State Security Service, from the said 29th June 2022, till date.”
The FG has reacted to the judgement of the Court of Appeal quashing the charges against Nnamdi Kanu, saying that he was only discharged by the court but not acquitted.
Newsonline reports that the Federal Government, on Thursday, said the leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu was not acquitted by the Court of Appeal.
It said the appellate court only decided a single issue that borders on rendition, and that Kanu has other pre-rendition cases to answer.
The Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) who reacted to the judgement gave an indication that it will approach the Supreme Court to challenge the Court of Appeal judgement that quashed the terrorism charge it preferred against the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
Malami, SAN, while insisting that issues that predated Kanu’s rendition from Kenya, are yet to be determined by the court, said the government would exploit the appropriate legal options and also communicate same to the public.
A statement the AGF made available to newsmen through his media aide, Dr. Umar Gwandu, read: “The Office of the Attorney General of the Federation and Minister of Justice has received the news of the decision of the Court of Appeal concerning the trial of Nnamdi Kanu.
“For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted.
“Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.
“The decision handed down by the court of appeal was on a single issue that borders on rendition.
“Let it be made clear to the general public that other issues that predates rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.
“The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues”.
The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has been discharged and acquitted by the Court of Appeal sitting in Abuja.
The Court of Appeal on Thursday upheld the appeal of the IPOB leader.
The development was confirmed by the counsel to Kanu and human rights activist, Ifeanyi Ejiofor in a post on his Facebook page.
Ejiofor wrote, “Appeal allowed, Oyendu Mazi Nnamdi KANU, discharged and acquitted. We have won!.”
Kanu had in his appeal dated April 29 and marked CA/ABJ/CR/625/2022, applied to be discharged and acquitted.
The IPOB leader was first arraigned on December 23, 2015, and was later granted bail on April 25, 2017.
The Court of Appeal, Abuja will deliver judgment in the case between the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu and the Federal Government on Thursday.
Kanu’s lawyer, Ifeanyi Ejiofor made this known on Wednesday in a statement titled, “Update on Onyendu’s Court of Appeal case.”
A statement by Ejiofor partly read, “We wish to inform all followers of Mazi Nnamdi Kanu, that we just received NOTIFICATION from the Court of Appeal Abuja Judicial Division, that the long-awaited Judgment in Onyendu Mazi Nnamdi Kanu’s Appeal No: CA/ABJ/CR/625/2022 BETWEEN: MAZI NNAMDI KANU VS. FEDERAL REPUBLIC OF NIGERIA, will be delivered tomorrow, the 13th Day of October 2022, at 2:00 PM.”
“We are very excited with this news as we look forward to a victorious outing tomorrow. The hour has come! Please do not relent in your prayers as they are positively impacting. We will surely have every cause to rejoice for Victory is ours and it shall surely end in praises.”
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