Biafra
BREAKING NEWS: Nnamdi Kanu Files Objection, Challenging Nigerian Court’s Jurisdiction To Try Him
The leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed the notice of preliminary objection on the strength of Sections 1(3); 6(6); 12; 36(2): 36(8): 42; 45 and 251(1)(q) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)
The illegally detained leader of IPOB, has filed a preliminary objection before the Federal High Court sitting in Abuja, challenging the court’s jurisdiction to try him.
Kanu in the notice of preliminary objection to jurisdiction of the court filed on Monday through his legal team led by his special counsel, Barrister Aloy Ejimakor, told the court that it has no jurisdiction to try him, stressing that charges filed against him before the court by the Nigerian government are unconstitutional.
Mr. Kanu filed the notice of preliminary objection on the strength of Sections 1(3); 6(6); 12; 36(2): 36(8): 42; 45 and 251(1)(q) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 178 of the Customs and Excise Management Act (as repealed); Sections 218 (1) & (2) and 220 of the Administration of Criminal Justice Act 2015; The Terrorism Prevention Amendment Act 2013 (as repealed) and Under the inherent jurisdiction of the Court.
Kanu said that the court has no jurisdiction to try him on counts 1,2,4,5 and 8, on the points and authorities to the extent that the provisions of the Terrorism Prevention and Amendment Act 2013 (TPAA) enabled the Nigerian government to determine questions arising in the administration of TPAA which led to the ex parte order of proscription of IPOB and its declaration as a terrorist group and the gazetting of such order (without giving the Applicant an opportunity to make representations to the authorities), is void for being inconsistent with the provisions of Section 36(2) of Constitution of the Federal Republic of Nigeria, 1999 (as amended) (CFRN or the Constitution).
The legal team of the IPOB leader, stated that Section 36(2) of the Constitution provides, “Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law:”(a) provides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and “(b) contains no provision making the determination of the administering authority final and conclusive.”
The IPOB leader prayed the court for “An order of this Honorable Court declining jurisdiction to entertain counts 1,2,3, 4,5 and 8 of the charges against the defendant/applicant or to quash said Counts on the ground that the Law upon which said Counts are predicated is unconstitutional; and Law under which Applicant is being tried in these Counts has otherwise been repealed. “An order of this Honourable Court declining jurisdiction to entertain count 3 of the charges against the defendant/applicant or to quash said Count on the ground that the said Count is unconstitutional, it is not supported by proof of evidence and is otherwise an abuse of process. “An order of this Honorable Court declining jurisdiction to entertain counts 1,2,4,5 and 8 of the charges against the defendant/applicant or to quash said Counts on the ground that the Applicant is misled by the absence of, or the failure to state the place of commission of the alleged offenses and the specific dates of the broadcasts alleged. “An order of this Honorable Court declining jurisdiction to entertain count 15 of the charges or to quash said Count on the ground that the said Count is not in compliance with the Administration of Criminal Justice Act; is not within the territorial jurisdiction of this Honorable Court; and is not supported by any proof of evidence; and Law under which Applicant is being tried in these Counts has otherwise been repealed. “And for such further order(s) as this Honorable court may deem fit to make in the circumstance.”
The preliminary objection to the court’s jurisdiction was sequel to the ruling by Justice Binta Nyako of the Federal High Court in Abuja on Monday afternoon where she dismissed Kanu’s fresh application seeking the restoration of his revoked bail and his removal from the DSS custody to a house arrest or prison custody. SaharaReporters had reported that the judge who dismissed the application for lacking in merit, said that Kanu had brought the same application before the court. Despite the Supreme Court’s ruling on 15th Dec., 2023 that Kanu did not jump bail, Justice Nyako said that she found, as a fact, that the IPOB leader jumped the bail granted to him earlier, and that he escaped out of Nigeria.
Justice Nyako further ruled that the sureties who stood for Kanu in the earlier bail, had applied to be discharged, and had been discharged on the ground that they could not locate Kanu and did not know his whereabouts.The judge held that the only option left for Kanu was to go to the Court of Appeal and should proceed to the appellate court to exercise his right of appeal.
Justice Nyako disagreed with Kanu’s lead counsel, that the Supreme Court held that the earlier bail granted him, ought not to have been revoked, saying that she had perused the Supreme Court judgment copy, and did not see the claim by Kanu’s lawyer. Reacting to the judge’s ruling, Kanu blasted the Nigerian government for violating the provisions of Terrorism Prevention and Prohibition Act by seeking to try him, saying that Nigerian courts seeking to try him is an act of terrorism.
In the preliminary objection notice, the IPOB leader’s legal team further asked the court to take notice that at the hearing of the preliminary objection, the Defendant shall, in addition to the affidavit, exhibits and the Written Address filed before it, rely on the following grounds: “Regarding counts 1,2,3,4,5 and 8, the provisions of the Terrorism Prevention Act 2011 (as amended in 2013) under which the IPOB was proscribed and declared a terrorist group are inconsistent with the provisions of the Nigerian Constitution, and are thus void to the extent of the inconsistency. “Regarding counts 1,2,3,4,5 and 8, there is a subsisting judgment of a High Court to the effect that the executive action leading to the declaration of IPOB as a terrorist group and its proscription is unconstitutional.
Further stating in the notice, “Regarding counts 1,2,3,4,5 and 8, there are two international tribunal decisions against the arrest, detention, prosecution and trial of the Applicant which are, by virtue of the provisions of the Nigerian Constitution, binding on the Complainant and this Honorable Court. “Count 3 of the charges against the defendant/applicant is unconstitutional as it seeks to punish the applicant for an act that was not a crime when it occurred and is otherwise an abuse of process. “The Law under which Applicant is being tried in Counts 1,2,3,4,5 and 8 has been repealed. “Counts 1,2,3,4,5 and 8 are incurably defective as the Applicant is misled by the failure to state the place or where the alleged offenses were committed and the specific dates of the alleged broadcasts. “Count 15 is not in compliance with the Administration of Criminal Justice Act; it is not within the territorial jurisdiction of this Honorable Court; and it is not supported by any proof of evidence; and Law under which Applicant is being tried in these Counts has otherwise been repealed.”
The notice noted that “This Honorable Court has the constitutional vires and the inherent jurisdiction to interpret the Constitution and the laws of the Federation of Nigeria.”
Biafra
Tinubu Refused To Honour Our Agreement To Release Nnamdi Kanu After Election– Kanu’s Brother
Disclosing that the meeting had the blessing of the president, Emmanuel, however, lamented that Tinubu has refused to honour the pact by releasing his elder brother and the IPOB leader, Mazi Nnamdi Kanu from the DSS dungeon in Abuja, Nigeria.
Emmanuel Kanu, younger brother of the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, has said they had an agreement with President Bola Tinubu for the release of his elder brother, Mazi Nnamdi Kanu.
Emmanuel disclosed that he had the pact with Tinubu’s son, Seyi, in Abuja before the 2023 presidential election.
Disclosing that the meeting had the blessing of the president, Emmanuel, however, lamented that Tinubu has refused to honour the pact by releasing his elder brother and the IPOB leader, Mazi Nnamdi Kanu from the DSS dungeon in Abuja, Nigeria.
According to him, it was agreed that IPOB would not bycott the polls on the condition that Tinubu would release Kanu if elected President.
Prince Emmanuel expressed disappointment that nearly two years after the emergence of Tinubu as President, his brother (Kanu), has continued to languish in detention despite the fact that the presiding Judge, Justice Binta Nyako, had since recused herself from the matter.
He said it was disappointing that those who claimed to be honourable, failed to keep their words.
The statement read:”Before the last election, I received a message from an ex-governor that Seyi the son of President Tinubu wanted to see me. I agreed to meet with him on the condition that the overriding priority and hence the fulcrum of our discussion will be the release of my brother. The meeting was held in Abuja in the presence of another individual whom I asked along to witness the deliberations and if need be provide independent verification should the need arise.
“Seyi confirmed to me that his father sanctioned the meeting and that I should consider any agreement we reach as binding on the then candidate Senator Bola Ahmed Tinubu.
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“In good faith we agreed that I shall relay the outcome to my brother to reinforce the long held tradition of IPOB not interfering with the conduct of elections, either through boycott or any other form of civil disobedience. This understanding was duly communicated to my brother and he reaffirmed his commitment not to stop the elections or order any boycott.
“When President Tinubu as a candidate visited Owerri during his campaign, he too reiterated his commitment to facilitate the release of my brother if elected. We took his public statement as a tacit reaffirmation of the understanding I reached with his son Seyi.
“At the end, IPOB did not call for election boycott despite having the capacity to do so. IPOB also made sure that discordant voices urging election boycott were overcome because election boycotts would not reflect well on the reputation of a global movement that prides itself on adherence to democratic tenets.
“It therefore, defies logic that nearly two years after President Tinubu assumed the mantle of leadership in Nigeria, my brother is still in detention despite not having any charge against him. It’s been over three months now that Justice Binta Nyako recused herself from the case yet no new judge has been assigned the case.
“This is on top of the fact that Appeal Court had earlier discharged him of the sham charges and ordered his release which the previous regime of Buhari declined to obey.
“Supreme Court determination that his bail ought not to have been revoked has been ignored by the courts and the government. The latest insult is that Abuja courts of all persuasion are no longer willing to determine the case of Mazi Nnamdi Kanu on merit but are rather relying on ludicrous and inapplicable technicalities to stall the timely determination of his cases.
“The truth is that Nigerian courts cannot, will not and do not have both the substantive and procedural jurisdiction to try him. His detention is without the backing of any known law in Nigeria or elsewhere in the world.”
The recent 90th birthday tributes to the Nigeria’s Former Head of State, who led Nigeria to war in defence of its unity against the young Biafra Republic between 1967-1970, General Yakubu Gowon, have attracted various reactions, condemnations and affirmations across the country.
The Presidential candidate of the Labour Party in the 2023 presidential election, Mr. Gregory Peter Obi, was among other Nigerians who wrote glowing tributes to the Former Nigeria’s Head of State who presided over what is adjudged as the second worst genocide in world’s history, after the Hitler’s Holocaust against the Jews in Nazi Germany.
Below is the full read of Mr. Peter Obi’s tribute:
“I am privileged to join other Nigerians of goodwill to celebrate a highly respected leader and former Head of State, General Yakubu Gowon, on his 90th birthday anniversary.
“In a time of hate, you stood for love. At a time of strife, you stood for peace. At a time of division, you stood for unity.
“Your life of service to our great nation, Nigeria, stand as one of sacrifice, leadership, and unity.
“Your steadfast commitment to preserving the peace and sovereignty of Nigeria during a challenging period in our history will forever be remembered and revered.
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“Your exemplary leadership and statesmanship remain an inspiration to younger and many generations of Nigerians.
“As we celebrate this milestone, I pray that God continues to grant you good health, wisdom, and the grace of true fruitfulness.
“May your legacy continue to guide us as we strive to build a more united, prosperous, and just Nigeria.
“Happy 90th birthday, Sir. -PO”
However, BARR Malcolm OMIRHOBO reacted in contrast to the glowing tributes accolades given to the Former military ruler, blaming the war of aggression led by Gowon against Biafra on his “poor and weak leadership style, youthful exuberance and immaturity.”
Barr. Malcolm accused Gen. Yakubu Gowon of “refusal, failure or negligence to stop the senseless killings of Igbos and their look alike throughout Nigeria, especially in the North, by civilians and members of the armed forces.”
The outspoken lawyer also accused Gen. Gowon of refusing the Aburi Accord without any good reason.
Full read of his reaction:
“It is not true that South-East desire to secede that led to the Nigeria/Biafra War but rather it was Gowon’s poor and weak leadership style, colonial mentality, youthful exuberance and immaturity that led to the Nigerian /Biafran war.
“Gowon refused , failed and/or neglected to stop the senseless killing of the Igbos and their look alikes through out Nigeria especially in the North by civilians and members of the armed forces .
“He refused to provide funds to the Eastern Region Government to cater for the injured and displaced Igbos that ran to their home land for safety from all parts of Nigeria .
*Gowon without any good reason refused the Aburi Accord .
“For the records the Igbo fought in self defence.”
In response to Mr. Peter Obi’s tribute to General Yakubu Gowon, DR. MO (MOSES PAUL) wrote this:
“As usual, I called Mr. Peter Obi after seeing some of the responses to the tweet on Daddy Gowon, and I said, “Some people are not happy, Sir.”
“Mr. @PeterObi responded, “Mo, I have always told you, never to dwell on yesterday, to agonize over it, or remain unforgiving. We cannot be trapped by the events of the past. Instead, we must be grateful to God for today and look forward to tomorrow with hope.”
“I understand the negative comments, and I deeply regret the painful history that took place over 50 years ago, though I know little firsthand, only what I have been told. It is a sad chapter for many, including my own family. My father, unfortunately, lost his thriving business during that period and passed away, which remains a deep personal loss for me.”
“My comment today, however, was about General Gowon’s removal from office and the grace with which he has handled those difficult events. It wasn’t about the war itself. The focus was on the life he has led since his removal, and his remarkable ability to remain prayerful and steadfast in his commitment to Nigeria.”
“When I was governor, he visited my state, and we spoke as father and son. He even led a national prayer for Nigeria in my state. Our discussions were never about the war—we spoke about the future of Nigeria, and his concern was always for the country’s progress, not his past or the people who removed him from office.”
“PO Mr @PeterObi has always shared with me his deep respect and personal closeness to ‘Ikemba’ Chukwuemeka Odumegwu Ojukwu. He regarded Ojukwu as a true hero, someone whose leadership and vision he admired greatly. @PeterObi’s loyalty to Ojukwu was resolute until his last days, and he took it upon himself to ensure that Ojukwu received a befitting burial, one that remains unmatched to this day, honoring his legacy with the dignity it deserved.”
“Mr. @PeterObi’s commitment goes beyond personal ties; he is determined to see a future that works for everyone. His vision for Nigeria is one of unity and progress, where the mistakes of the past do not hold us back or divide us. Instead, he believes in learning from history and building a better and greater future for generations to come.”
“Mo, tell me, is there any nation today that hasn’t faced civil war? From America to Great Britain, many have painful histories of war, yet they are not trapped by the past. Instead, they have forgiven, not forgotten, and used that healing to build successful futures.”
“People need to be closer to PO to truly understand how forgiving and loving he is. He is always looking ahead, desperately focused on building a better and greater future for all Nigerians irespective or tribe and religion and most importantly for the generations to come.”
-DrMo
Biafra
Uchechi Okwu-Kanu Showers Praises On Herself, Reveals What She Told Her Husband
“I constantly told my husband that anyone who spews hate on your children and wife hates you. Period!”
The wife of the detained leader of the Indigenous People of Biafra (IPOB), Mrs. Uchechi Okwu-Kanu, has showered praises on herself, expressing her qualities as she wrote on Facebook, highlighting challenges and what she told her husband, Mazi Nnamdi Kanu.
Uchechi, who was referencing a post made by someone “about protecting ‘me'” (her), stated that she doesn’t blow her trumpets “even in competition.”
Her choice of words and written expressions reveals deeper sense of hurt in the heart, outright self validation and defense, hopes of victory and taunting of the perceived foes of her family amongst others.
She described herself as a “one-man squad, “Virgo” a “Full Moon Virgo” and “one of the most powerful “Empaths you will ever encounter.”
Uchechi, whose husband, Mazi Nnamdi Kanu, is still being incarcerated in the DSS Headquarters in Abuja following his extra-ordinary rendition from Kenya to Nigeria in June 2021, said that she is a “warrior” despite the fact that her husband is not “helping out in the family front.”
She pointed out that she had constantly told her husband (Mazi Nnamdi Kanu) that “those who spew hate on his children and wife” hates him.
Mrs. Okwu-Kanu emphatically said that she warned her husband of “these workers of iniquity but hey, we are where we are now.”
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Below is the full read:
“I just saw a post yesterday about protecting me but it eluded me before I could re-post it.
I am not vain, I do not blow my trumpets even in competitions!
“I just move in my aura of grace.
I am a #Virgo, a #FullMoonVirgo, and one of the powerful #Empaths you will ever encounter. I am that woman who walks into a room and every unconscious mind becomes conscious.
“The unconscious morons should study on the above hashtags first. Then I will go ahead to outline what my ‘personalities’ are about and who I am. They will write a full book on just one personality.
“My academic background and what I have achieved in my career journey over the years is not for show off.
“The things I do in my day to day life despite the challenges of not having my husband helping out in the family front, is what makes me a #Warrior.
“I work hard so I can look after widows and helpless children. I run an educational charity in the Sub-Sahara Africa for pupils from Nursery 1 – Primary 6 from my light-weight personal purse.
Everyday, I lift one or two people out from a place of pain, oppression, darkness and confusion through coaching and guidance. People learn consciousness and #ArtofLiving from me, everyday.
“Thank you my brother for that post and thank you all for standing by me. That’s the love you have for #NnamdiKanu.
“All my life, I’ve always fought for the oppressed & for myself.
“I am what ‘you know as one man squad’ – physically, psychologically, mentally, emotionally and spiritually.
“I fight for the oppressed women, men, and children especially. And all my life, no individual has ever fought me without gathering a group.
“Some would bring their cousins, their ancestors, even their own enemies to fight me yet, Uchechigeme Anyanwụụtụtụ Okwu-Kanu has always stood tall in the presence of her enemies!
Ọkara mádu , ọkara nmuo! She who is of the waters, the Earth, the Sun and feeds off the Air. She who understands the rythym of the spirit dance called Sụrụgedé; she who understands the connotations of the 4 cardinal points of the earth, firmed within the 4 elements of the universe and the 4 market days of her Indigenous existence!
“I warned my husband of all these workers of iniquities but hey, we are where we are now!
But one thing they must understand is that their tittle-tattle is the absolute projection of their inadequacies, what they truly are and represent.
“I have a pending topic on the spiritual, psychological and emotional damage/impact of a mother’s adultery on their children and individual life of promiscuity – the reason these muppets are these damaged!
“I constantly told my husband that anyone who spews hate on your children and wife hates you. Period!
“I have never written about myself as this phase is not about me. At least, not yet.
“Those who sounded just like them in 2014 – 2017 eventually returned to the gutters where they came from. Some went into TV productions and talk shows. Ndị uchu!
“I am busy, fighting for the release of my husband #FreeNnamdiKanu and have no time to pay mind to these imbeciles who came from the lowest strata of the gutters. The lowest of the lows.
“People who are lower than the belly of a snake!
I am an Eagle, I soar high above mediocrity, pugnacity, impetuosity, impertinence and carnality. That is why none of you can keep your pained frustrations to yourselves.
“But like the snake you are, I will never come down to your harmattan taunted postern. I can never play in the mud with pigs because I abhor dirt.
“Rather, I will swoop down like the Eagle and take you to my realm. Swirl you 7 times and release you from the Air.
“My name is, Aha m bụ – Uchechigeme Anyanwụụtụtụ Okwu-Kanu.
“I speak ‘consciousness’, for that, is the #ArtofLiving.
Esemplastic
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