Strong indications have emerged showing Nnamdi Kanu may be released and set free from detension during the next court sitting on February 10, 2017.
The Federal High Court sitting in Abuja fixed Feb. 10 to decide on whether or not it will dismiss the treasonable charges pressed against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
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The court would also decide the fate of other defendants facing the same charges along with Nnamdi that include Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi
Also, the court is a establish a ruling on the application bordering on the competence of the charge against the first defendant, Kanu.
In total, four defendant including Kanu are standing trial for alleged treasonable felony with other charges.
News Agency of Nigeria, NAN reported that at the resumed hearing on today Thursday, the defense counsel, Kanu’s Counsel, Mr Ifeanyi Ejiofor, argued that his client’s application challenging the charge against him was based on the fact that there was no case against him.
“Our application was premised on the fact that the proof of evidence attached to the charge cannot sustain the charge because it did not disclose a prima facie case against Kanu.”
According to Ejiofor, the proof of evidence is null, void, baseless and unfounded and in that circumstance, the court is required to quash the charge and discharge and acquit the fellow standing the trial.
“He is being accused of committing an offence of treasonable felony and also conspiracy to commit treasonable felony, the law requires that ingredients of the said treasonable felony should be established.
“But the defendant was not found with any arms, was not caught with anybody holding a meeting, never said he was coming to overthrow the president of the country.
“They are merely exercising their right to self-determination which is clearly provided under article 20 of the African Charter of Human and Peoples Rights and also under article 1 and 55 of the United Nations Charter.’’
He said these were constitutional rights and could not be equated to a case of treasonable felony.
Counsel to the 2nd to 4th defendants, Mr Inalegwu Adoga, Mr E.I Esene and Mr Maxwell Okpara, all made similar arguments.
They all held that the proof of evidence attached to their clients’ charge did not establish a prima facie case against them and should be quashed.
Adoga argued that his client was arrested and detained based on just intention and not because he had committed the crime, which he said was influenced by mere sentiments.
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Adoga, in his argument, said that his client was arrested for his intentions and not because of an overt act, adding that the prosecution’s case against his client was based on mere sentiments.
The prosecuting counsel, Mr Shuiabu Labaran, opposed the applications for lack of substance.
Justice Binta Nyako, the Judge fixed February 10th for ruling on the suit. She said earlier Tuesday that the final ruling will determine whether or not the case will continue or be terminated.
The representative of the British High Commission to Nigeria, Mr Osaro Odemwingie was on ground to witness the proceedings even as the IPOB members flooded the court premises with placards singing and dancing