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Alleged Terrorism: Court Strikes Out Eight Of 15 Charges Against Nnamdi Kanu
Justice Binta Nyako of the Federal High Court Abuja, on Friday, struck out eight of the 15 terrorism and felony charges preferred by the Federal Government against the detained leader of the Indigenous People of Biafra, Nnamdi Kanu.
Justice Nyako freed Nnamdi Kanu on the eight counts while ruling on a preliminary objection filed by the IPOB leader.
“In this instant preliminary objection application, I have read the counts and come to the conclusion that counts six, seven, eight, nine, 10, 11, 12 and 14 have not disclosed any offence against the defendant.
“‘Counts one, two, three, four, five, eight and 15 show some allegations, which the defendant has to answer.
“The court shall proceed to try the defendant on those counts,” Justice Nyako said.
She, therefore, ordered that counts six, seven, nine, 10, 11, 12 13 and 14 should be struck out.
Nyako also ruled that the order proscribing IPOB as a terror group still subsisted until it was vacated since the issue was still on appeal.
She dismissed the argument of Chief Mike Ozekhome, SAN, counsel for Kanu, that whether IPOB was a terrorist organisation under the Nigerian law or not was still a subject of the appeal.
On Kanu’s bail plea, the judge directed counsel to the parties to present their arguments.
Ozekhome, therefore, argued that his client had never flouted any of the bail conditions, but that Kanu only escaped for his dear life during an attack at his residence.
Citing judicial authorities, he said that “until a person is tried and convicted, he should be allowed to walk free.”
He said his client was still innocent until proven otherwise.
“I humbly urge my lord to use your discretion to grant him bail subject to my lord’s condition,” he said.
But lawyer to the AGF, Shuaibu Labaran, disagreed with Ozekhome, contending that Kanu had violated all the bail terms.
He said because the IPOB leader jumped bail, that was why the court revoked his bail and ordered his arrest anywhere he was sighted.
Labaran further argued that what should be the subject matter before the court was the issue of a contempt charge against Kanu and not a bail application.
“My lord granted him bail in 2017 on health grounds, but since then to date, no medical record was submitted to the court until he jumped bail.
“What we should be saying is contempt of court because he has flagrantly violated the orders of the court,” he said.
He urged the judge to be guided by her discretion vis-a-vis the circumstances of the case.
The lawyer said in the alternative, that Nyako should make an order for an accelerated hearing on the matter so that Kanu could “know his fate one way or the order”.
The judge adjourned the matter until May 18 and May 26 for ruling on Kanu’s bail application and for trial continuation.
Speaking with newsmen shortly after the proceeding, Shuaibu Labaran said the court aligned with the Federal Government on arguments about rendition.
According to him, the court said that rendition is lawful.
“On the issue of rendition, the court bluntly said that rendition, in this situation, is allowed because rendition in a criminal case is allowed.
“After all, the defendant is under a bench warrant and anywhere he is seeing, the law allows it to be forcefully brought to court,” he said.
On his part, Ozekhome told journalists that the remaining seven counts affirmed by the court would be challenged at the Court of Appeal.
On January 19 that Kanu challenged the terrorism charge filed by the federal government against him, arguing that the amended 15-count charge preferred against him was unmeritorious and should be thrown out by the court.
The IPOB leader, through his lawyer, Ozekhome, on Thursday, filed N50 billion damages against the federal government and the AGF over his alleged abduction in Kenya and continued detention.
Kanu had requested N100 million as compensation for the cost of the action at the Federal High Court in Abuja in a suit marked: FHC/ABJ/CS/462/22 dated March 7.
The applicant argued that his “abduction and rendition to Nigeria without extradition proceedings or hearing in Kenya is a clear violation of Article 12(4) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP A9, LFN 2004.”
He said it also “violates Article/part 5 (a) of the African Charter’s Principles and Guidelines on Human and Peoples’ Rights.”
News
I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court
A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.
The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.
Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.
According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.
He said he subsequently took the money to the office of the then Director-General.
“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.
The witness explained that he collected the bag from his aide before entering the office.
“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”
The witness was initially a defendant in the case but later opted to testify for the prosecution.
While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.
According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.
He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.
“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.
During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.
When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”
After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.
The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.
Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.
They pleaded not guilty to the offences.
The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.
According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.
Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.
The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.
One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.
News
CBN Bars Chronic Loan Defaulters from Accessing New Banking Services
The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).
This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.
This order is specifically targeted at large-ticket obligors.
The CBN issued the directive in a circular to banks on Monday.
The latest instruction comes almost a week after the CBN asked financial institutions to stress test.
It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.
“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.
“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.
“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”
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Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju
Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.
Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.
He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.
“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.
“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?
“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.
“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.
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