Why Buhari Government Can’t Prosecute Nnamdi Kanu For His Radio Biafra Broadcasts–IPOB Leader's Lawyers Explains
Ifeanyi Ejiofor, the lead counsel for the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has said the Federal High Court in Abuja should not entertain the 7 amended counts levelled by the Nigerian government against the IPOB leader.
The lawyer revealed this in court papers signed by Ejiofor and other legal representatives defending Kanu, who was brought before the Federal High Court in Abuja, presided by Justice Binta Nyako on Thursday.
Kanu appeared amid heavy security in court earlier today (Thursday) to continue his trial.
The secessionist leader is standing trial for charges bordering on terrorism and treasonable felony.
In the notice of preliminary objection filed by the lawyer, Ejiofor said, “The Amended Charge is incompetent, and consequently the Honourable Court lacks the requisite jurisdiction to entertain the same.”
The IPOB leader’s lawyer said the statements made by Kanu through his Radio Biafra’s broadcast were in London, UK and not within the territories of Nigeria.
He also argued that President Muhammadu Buhari’s government violated both Kenyan and international laws by abducting Kanu and bringing him to Nigeria.
Ejiofor further disclosed in the court papers, “That allegations in the 7-count Amended Charge, particularly counts 1, 2, 4, 5, 6 and 7, are that the Defendant/Applicant made a broadcast in London, United Kingdom, but that same was monitored in Enugu and in other parts of Nigeria.
“That no allegation was made in any of the Counts of the Amended Charge that the alleged sundry acts of the Defendant/Applicant were physically carried out by him, within the geographical space or territorial boundaries of Nigeria.
“That the only element requisite to constitute and found liability for incitement is the actual words allegedly uttered by the Defendant/Applicant.
“That the Defendant was abducted from Kenya and consequently extraordinarily rendered to Nigeria, without firstly subjecting him to extradition proceedings in Kenya, in violation of all known international conventions and treaties on extradition.
“That the Defendant cannot be arraigned and tried on the 7-count Amended Charge, when he was not lawfully rendered to Nigeria and, consequently brought before the Court.”
The case has been adjourned till November 10, 2021.
Reviewed by Mgbara Zion Barisuka
on
October 21, 2021
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