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Biafra: Why Court Reduced FG’s Charge Against Nnamdi Kanu From 15 To 7

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The Federal High Court sitting in Abuja, on Friday, struck out eight out of the 15-count treasonable felony charge the Federal Government preferred against the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.

Trial Justice Binta Nyako held that the charges were mere repetitions that did not disclose any offence that could be sustained by the proof of evidence before the court.

FG had in the counts that were struck out, alleged that Kanu had through his broadcasts, incited members of the public to not only stage a violent revolution, but to attack police officers and also destroy public facilities in Lagos State.

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While the court threw out counts 6, 7, 9, 10, 11, 12,13 and 14 of the charge, it okayed Kanu’s trial on counts 1, 2, 3, 4, 5, 8 and 15.

The ruling followed an application Kanu filed to quash the entire charge against him, which he insisted was manifestly incompetent and legally defective.

READ ALSO: BREAKING: Terrorism: Court Strikes Out 8 Out Of 15 Charges Against Nnamdi Kanu

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The embattled IPOB leader, through his team of lawyers led by Chief Mike Ozekhome (SAN), argued that the court lacked the jurisdiction to try him on the strength of an incompetent charge.

Ozekhome (SAN), further told the court that his client was “unlawfully, brutally and extraordinarily renditioned from Kenya without his consent”.

He argued that since some of the allegations FG levelled against Kanu, were purportedly committed outside the country, the high court, therefore, lacked the jurisdiction to entertain the charge.

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“The charges appear to give this court a global jurisdiction over offences that were allegedly committed by the Defendant, without specifying the location or date the said offences were committed”.

He argued that under the Federal High Court Act, such a charge must disclose the specific location where the offence was committed.

More so, Ozekhome contended that Kanu could not be charged with belonging to an unlawful organization since the action of FG, in proscribing the IPOB, is still subject to legal dispute at the Court of Appeal and therefore subjudice.

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Consequently, he urged the court to dismiss the charge, as well as to discharge and acquit the defendant of the entire 15-count charge pending against him.

“This case is hollow, there is nothing in it. It is dead on arrival. Elements constituting the offence must occur within the jurisdiction of this court”, he argued.

However, FG’s lawyer, Mr Shuaibu Labaran, opposed the application and urged the court to allow the prosecution to open its case.

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He argued that Kanu’s application would touch the substance of the case that is yet to be heard.

“The position as of now is that the IPOB is a proscribed organization which was duly proscribed through the due process of law”.

He argued that Section 32 of the Terrorism Prevention Act imbued the court with the requisite jurisdiction to handle the trial.

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READ ALSO: High Court Orders Secret Trial In Terrorism Charges, Moves Nnamdi Kanu’s Case To CCT

We urged my lord to refuse the application to pave way for the commencement of the trial in Ernest.

“This is a matter that has been pending for over five years now”, the prosecution counsel added.

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Meanwhile, the court, fixed slated May 18 to rule on an application Kanu filed to be released on bail, pending the determination of the charge against him.

Whereas, Ozekhome (SAN), argued that his client was entitled to bail considering the presumption of innocence he enjoys under the 1999 Constitution, as amended, FG’s lawyer, Labaran, urged the court to decline the bail request.

The Prosecution maintained that Kanu betrayed the previous discretion the court exercised in his favour when he jumped bail and escaped from the country.

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He argued that it was owing to Kanu’s conduct that the court revoked his bail and issued a bench warrant for his arrest.

“My lord granted him bail in 2017 on health grounds, but since then, to date, no medical record was submitted to the court until he jumped bail.

“What we should be saying is contempt of court because he has flagrantly violated the orders of this court,” Labaran submitted.

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However, Ozekhome, SAN, faulted FG’s lawyer for alleging that his client jumped bail.

He told the court that Kanu attended his trial regularly, until the military, in September 2017, invaded his home in an operation that led to the loss of lives.

Ozekhome insisted that it was the action of the Nigerian Army that made his client run for his life.

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Besides, he argued that FG violated the fundamental rights of his client in the way he was forcefully abducted and extraordinarily renditioned back to Nigeria.

He, therefore, urged the court to allow Kanu on bail to enable him to effectively prepare his defence to the charge pending against him.

My lord can limit him to stay in my house and I will not allow him to move around,” Ozekhome jokingly added.

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Before the case was adjourned till May 18 and 26 for ruling and continuation of trial, Justice Nyako, dismissed Ozekhome’s contention that Kanu’s extra-ordinary rendition was illegal, stressing that there was a subsisting warrant from the court for the Defendant to be arrested wherever he was found.

“Rendition for the purpose of criminal prosecution is allowed. In the instant case, there is a bench warrant on the defendant, suffice it say, he is a fugitive before the court”, the judge held.

On the proscription of IPOB, Justice Nyako, held that though the matter is before the appellate court, the proscription order still subsists.

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Meantime, FG had in some of the charges that were sustained by the court, alleged that Kanu had in his broadcast that was received and heard in Nigeria, issued a deadly threat that anyone who flouted his sit-at-home order, should write his/her Will.

It told the court that as a result of the threat, Banks, Schools, Markets, Shopping Malls, and Fuel Stations domiciled in the Eastern States of Nigeria, were not opened for businesses, citizens and vehicular movements in the Eastern States of Nigeria were grounded.

It alleged that Kau had on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria, inviting members of the public to hunt and kill Nigerian security personnel and their family members, thereby committing an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.

While FG, in count-8, alleged that Kanu, directed members of the IPOB “to manufacture Bombs”, it told the court in count-15 that the defendant had between the month of March and April 2015, “Imported into Nigeria and kept in Ubulisiuzor in Ihiala Local Government Area of Anambra State within the jurisdiction of this Honourable Court, a Radio Transmitter known as Tram 50L concealed in a container of used household items which you declared as used household items, and you thereby committed an offence contrary to section 47 (2) (a) of Criminal Code Act Cap, C45 Laws of the Federation of Nigeria 2004”.

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South Korea, Japan Protest China, Russia Aircraft Incursions

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South Korea and Japan reacted furiously on Wednesday after Chinese and Russian military aircraft conducted joint patrols around the two countries, with both Seoul and Tokyo scrambling jets.

South Korea said it had protested with representatives of China and Russia, while Japan said it had conveyed its “serious concerns” over national security.

According to Tokyo, two Russian Tu-95 nuclear-capable bombers on Tuesday flew from the Sea of Japan to rendezvous with two Chinese H-6 bombers in the East China Sea, then conducted a joint flight around the country.

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The incident comes as Japan is locked in a dispute with China over comments Prime Minister Sanae Takaichi made about Taiwan.

READ ALSO:China Backs Nigeria, Warns Against Foreign Interference

The bombers’ joint flights were “clearly intended as a show of force against our nation, Defence Minister Shinjiro Koizumi wrote on X Wednesday.

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Top government spokesman Minoru Kihara said that Tokyo had “conveyed to both China and Russia our serious concerns over our national security through diplomatic channels”.

Seoul said Tuesday the Russian and Chinese warplanes entered its air defence zone and that a complaint had been lodged with the defence attaches of both countries in the South Korean capital.

Our military will continue to respond actively to the activities of neighbouring countries’ aircraft within the KADIZ in compliance with international law,” said Lee Kwang-suk, director general of the International Policy Bureau at Seoul’s defence ministry, referring to the Korea Air Defence Identification Zone.

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READ ALSO:Trial For South Korean Woman Accused Of ‘Suitcase Murders’ Starts Today

South Korea also said it deployed “fighter jets to take tactical measures in preparation for any contingencies” in response to the Chinese and Russian incursion into the KADIZ.

The planes were spotted before they entered the air defence identification zone, defined as a broader area in which countries police aircraft for security reasons but which does not constitute their airspace.

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Japan’s defence ministry also scrambled fighter jets to intercept the warplanes.

Beijing later Tuesday confirmed it had organised drills with Russia’s military according to “annual cooperation plans”.

READ ALSO:South Korean Actress Kim Sae-ron Found Dead In Seoul Apartment

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Moscow also described it as a routine exercise, saying it lasted eight hours and that some foreign fighter jets followed the Russian and Chinese aircraft.

Since 2019, China and Russia have regularly flown military aircraft into South Korea’s air defence zone without prior notice, citing joint exercises.

In November last year, Seoul scrambled jets as five Chinese and six Russian military planes flew through its air defence zone.

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Similar incidents occurred in June and December 2023, and in May and November 2022.

READ ALSO:Russia Insists Ukraine Must Cede Land Or Face Continued Military Push

Meanwhile, Tokyo said Monday it had scrambled jets in response to repeated takeoff and landing exercises involving fighter jets and military helicopters from China’s Liaoning aircraft carrier as it cruised in international waters near Japan.

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It also summoned Beijing’s ambassador after military aircraft from the Liaoning locked radar onto Japanese jets, the latest incident in the row ignited by Takaichi’s comments backing Taiwan.

Takaichi suggested last month that Japan would intervene militarily in any Chinese attack on the self-ruled island, which Beijing claims as its own and has not ruled out seizing by force.

AFP

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Thousands Reported To Have Fled DR Congo Fighting As M23 Closes On Key City

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Fierce fighting rocked the eastern Democratic Republic of Congo on Tuesday as the Rwanda-backed M23 militia rapidly advanced towards the strategic city of Uvira, with tens of thousands of people fleeing over the nearby border into Burundi, sources said.

The armed group and its Rwandan allies were just a few kilometres (miles) north of Uvira, security and military sources told AFP.

The renewed violence undermined a peace agreement brokered by US President Donald Trump that Kinshasa and Kigali signed less than a week ago, on December 4.

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Trump had boasted that the Rwanda-DRC conflict was one of eight he has ended since returning to power in America in January.

READ ALSO:Ambassadorial Nominees: Ndume Asks Tinubu To Withdraw List

With the new fighting, more than 30,000 people have fled the area around Uvira for Burundi in the space of a week, a UN source and a Burundian administrative source told AFP.

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The Burundian source told AFP on condition of anonymity he had recorded more than 8,000 daily arrivals over the past two days, and 30,000 arrivals in one week. A source in the UN refugee agency confirmed the figure.

The Rwanda-backed M23 offensive comes nearly a year after the group seized control of Goma and Bukavu, the two largest cities in eastern DRC, a strategic region rich in natural resources and plagued by conflict for 30 years.

Local people described a state of growing panic as bombardments struck the hills above Uvira, a city of several hundred thousand residents.

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Three bombs have just exploded in the hills. It’s every man for himself,” said one resident reached by telephone.

READ ALSO:South Africa Beat DR Congo In shootout To Finish Third At AFCON

We are all under the beds in Uvira — that’s the reality,” another resident said, while a representative of civil society who would not give their name described fighting on the city’s outskirts.

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Fighting was also reported in Runingo, another small locality some 20 kilometres (12 miles) from Uvira, as the M23 and the Rwandan army closed in.

Burundi views the prospect of Uvira falling to Rwanda-backed forces as an existential threat, given that it sits across Lake Tanganyika from Burundi’s economic capital Bujumbura.

The city is the main sizeable locality in the area yet to fall to the M23 and its capture would essentially cut off the zone from DRC control.

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READ ALSO:Stampede Kills 37 During Army Recruitment In Congo Capital

Burundi deployed about 10,000 soldiers to eastern DRC in October 2023 as part of a military cooperation agreement, and security sources say reinforcements have since taken that presence to around 18,000 men.

The M23 and Rwandan forces launched their Uvira offensive on December 1.

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Rich in natural resources, eastern DRC has been choked by successive conflicts for around three decades.

Violence in the region intensified early this year when M23 fighters seized the key eastern city of Goma in January, followed by Bukavu, capital of South Kivu province, a few weeks later.

– Regional risk –

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The peace deal meant to quell the fighting was signed last Thursday in Washington by Congolese President Felix Tshisekedi and his Rwandan counterpart Paul Kagame, with Trump — who called it a “miracle” deal — also putting his signature to it.

READ ALSO:FULL LIST: US To Review Green Cards From 19 ‘Countries Of Concern’ After Washington Shooting

The agreement includes an economic component intended to secure US supplies of critical minerals present in the region, as America seeks to challenge China’s dominance in the sector.

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But even on the day of the signing, intense fighting took place in South Kivu, where Uvira is located, which included the bombing of houses and schools.

Witnesses and military sources in Uvira said that Congolese soldiers fleeing the fighting had arrived in the city overnight Monday and shops were looted at dawn.

Several hundred Congolese and Burundian soldiers had already fled to Burundi on Monday, according to military sources, since the M23 fighters embarked on their latest offensive from Kamanyola, some 70 kilometres north of Uvira.
Since the M23’s lightning offensive early this year, the front had largely stabilised over the past nine months.

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Burundian President Evariste Ndayishimiye warned in February there was a danger of the conflict escalating into a broader regional war, a fear echoed by the United Nations.

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‘Santa Claus’ Arrested For Possessing, Distributing Child Sexual Abuse Material

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A 64-year-old man from Hamilton Township has been arrested in the United States after investigators linked him to the possession and distribution of child sexual abuse material.

The suspect, identified as Mark Paulino, had been working as a “Santa for hire” at holiday events, a role that placed him in repeated contact with children.

Mercer County officials said the investigation began on 4 December when detectives were alerted to suspicious online activity involving the uploading of child pornography from a residence in Hamilton Township. The probe quickly identified Paulino, a retired elementary school teacher, as the person involved.

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READ ALSO:Nigerian Ringleader Of Nationwide Bank Fraud, Money Laundering Jailed In US, Says FBI

Police stated that Paulino had presented himself online as a retired teacher and had recently performed as Santa Claus for photographs and private, corporate, and organisational events. “Because this role involved direct, repeated contact with children, detectives worked around the clock to secure a search warrant,” authorities explained.

The warrant was executed on 5 December, during which police seized multiple items regarded as evidentiary. Paulino was taken into custody without incident and charged with possession and distribution of child sexual abuse materials, as well as endangering the welfare of a child.

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Prosecutors have filed a motion to detain him pending trial. The investigation remains ongoing, and authorities have urged members of the public with relevant information to come forward.

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