“Justice is rooted on confidence!” Judge slams Nigerian government over frivolous charges against Biafra’s Nnamdi Kanu

“Justice is rooted on confidence!” Judge slams Nigerian government over frivolous cases against Biafra’s Nnamdi Kanu

The Nigerian Government has been slammed by a federal high court judge in Abuja over frivolous treasonable charges brought against Nnamdi Kanu, the leader of the Indigenous people of Biafra (IPOB). Nigeria had filled a fresh six-count charge of treason and managing the affairs of ‘an unlawful society,’ against Kanu after losing out on earlier charges of terrorism brought before a magistrate and high court.

In the latest development Kanu was charged before a Federal High Court, Abuja alongside two others, Benjamin Madubugwu and David Nwawuisi. The Nigerian government is accusing Kanu of plotting to split Nigeria, by creating a Republic of Biafra that would encompass the s called south east, south south states, and parts of Kogi and Benue states. The charge read, “That you, Nnamdi Kanu and other unknown persons, now at large, in 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 Constitution of the Federal Republic 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 themselves 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 Federation of Nigeria 2004.”

However, in what appears to be a denouncement of the Nigerian government, Justice Ahmed Mohammed excused himself from hearing treason charges brought by the Muhammadu Buhari government against Nnamdi Kanu, after slamming Nigeria for the manner they were handling the case. 

Mohammed announced the decision on Wednesday in Abuja after Mr. Kanu objected to the case, saying it was needless, as the Nigerian government had repeatedly disobeyed previous court rulings.

Kanu, who was arraigned before Justice Mohammed Wednesday, stated his outright objection to the trial in the court. He told the court before commencement of the prosecution’s plea that he preferred being held in the detention, than subjecting himself to a trial, which outcome will not be respected. Arguing that his previous trials had various outcomes that were abused or neglected by the office of the State Security Service, SSS.

However, the counsel to the prosecution (the Federal Director of Prosecution, office of the Attorney General), Mohamed Diri, told the court that based on section 396 (2) of the constitution, the defendant had no right to object to being tried by the court until after the plea is heard.

But the judge said he was standing down from the case, saying Mr. Kanu had the right to reject the trial, “after all justice is rooted on confidence”.

“If any of the parties has no confidence in the court, he has the right to say so”, Mr. Mohammed ruled.

He noted that the prosecution would have done the same thing if they were in Kanu’s shoes.

“Assuming it was the prosecution, if they had no confidence in the court of jurisdiction; would they not have done so?”

“I hereby remit the case file to the honourable chief judge of this court to reassign it,” the judge said.