Kanu must be tried for treasonable felony, court rules

Although Chukwuma Soludo, former governor of the Central Bank of Nigeria (CBN), and Patrick Utomi, a professor of economics, are calling for the immediate release of Nnamdi Kanu, the federal government is set to re-arraign him for treasonable felony.

On Wednesday, Binta Nyako, justice of the federal high court, Abuja, dismissed six charges brought against the leader of the Indigenous People of Biafra (IPOB), but held that he would be re-arraigned on a five count charge of treasonable felony.

Kanu was immediately re-arraigned  on the sustained five charges.

Felony is punishable under section 41(C) of the Criminal Code Act, CAP C38 laws of the federation of Nigeria.

Mohammed Diri, director of public prosecution (DPP), had filed the charges against Kanu and two others, last year.

The charge-sheet read in part: “That you, Nnamdi Kanu and other unknown per- sons, now at large, at London, United Kingdom, between 2014 and September, 2015 with intention to levy war against Nigeria in order to force the President to change his measures of being the President of the Federation, Head of State and Commander-in-Chief of the Armed Forces of the Federation as defined in Section 3 of the Consti- tution of the Federal Re- public of Nigeria 1999 (as amended) by doing an act to wit: Broadcast on Radio Biafra your preparations for the states in the South- East geo-political zone, South-South geo-political zone, the Igala Community of Kogi State and the Idoma/Igede Community of Benue State to secede from the Federal Republic of Nigeria and form them- selves into a Republic of Biafra, and thereby committed an offence punish- able under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Fed- eration of Nigeria 2004.”

On count two of the charges, the federal authorities also accused the trio of managing an unlawful society.

Giving the particulars of the offence, the Attorney- General said: “That you, Nnamdi Kanu and others, now at large, between 2012 and September, 2015 at South-East geo-political zone and the South-South geo-political zone of Nigeria within the jurisdiction of this honourable court manage an unlawful society with more than 10 members to wit: unregistered with the Corporate Affairs Commission or any other registration au- thority to wit. The Indigenous People of Biafra (IPOB) thereby committed an offence which is punishable under Section 63 of the Criminal Code Act, CAP C38, Laws of the Federation of Nigeria 2004.”

On January 12, Ifeanyi Ejiofor, Kanu’s lawyer, had prayed the court to quash the charges against his client because he had not committed any offence by agitating for Biafra.