TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Court dismisses Kanu, others’ appeal …declines defendants’ plea for bail

The Citizen by The Citizen
May 25 2016
in Latest News, Uncategorized
A A
0

The Court of Appeal sitting in Abuja, on Wednesday, dismissed the appeal that was lodged before it by the detained leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu.

Kanu and two other pro-Biafra agitators, David Nwawusi and Benjamin Madubugwu, had gone before the appellate court to challenge what they termed “strange procedure” adopted in their trial before the Federal High Court in Abuja.

The trio ‎who are answering to a six-count treason charge the federal government preferred against them, in their consolidated appeal, alleged bias against trial Justice John Tsoho who not only ‎declined to grant them bail, but also permitted the prosecution to shield the identity of eight witnesses billed to testify in the ‎matter.

Justice Tsoho had equally rejected application praying him to discharge and acquit the three defendants in line with ‎section 351(1) of the Administration of Criminal Justice Act, 2015.

Meantime, in a unanimous judgment on Wednesday, a three-man panel of Justices of the appellate court led by Justice Abdul Aboki, dismissed th defendants’ appeal as “grossly lacking in merit”.

The appellate court further declined to order the release of the defendants on bail on the premise that allegations against them are “grievous and serious”.

Justice Aboki who read the lead judgment, said it was not in doubt the 1st defendant, Kanu, has dual citizenship.

He said Kanu’s possession of both Nigerian and British passports increased the likelihood that he could jump bail if released from detention.

On the procedure adopted by the trial court, the appeal court panel maintained that Justice Tsoho had the discretion to decide how the proceeding should be conducted.

“The lower court has the power to exercise its discretion on the matter and the exercise of such discretion by the trial judge did not amount to denial of fair hearing to the defendants.

“The issues are resolved against the appellants. Ruling of the trial court is hereby upheld”, the appellate court held.

Basically, Kanu and his co-defendants, through their lawyer Chief Chuks Muoma, SAN, argued before the appellate court that trial Justice Tsoho erred in law “when having refused the application for the witnesses of the prosecution to testified behind screens, or masked” on February 19, 2016, “suddenly varied the said order in the ruling delivered on March 7, 2016, on a mere oral application by the respondent”.

They maintained that the variation order was made on the basis of a mere oral application by the Director of Public Prosecution, DPP, Mohammed Diri, who had informed the trial court that witnesses scheduled to testify against the defendants said they would not appear unless they were allowed to wear masks or their identities shielded from both lawyers and people observing the proceeding.

“My lord this is because they are already receiving threats from associates of the defendants that they will be dealt with. The witnesses said they love their lives and requested that their identities be shielded from people who are coming to witness the proceeding”, Diri told the court.

He said DSS operatives also billed to testify in the matter, made similar request on the basis that they are investigating terrorism cases and would not want their identities exposed.

Following his application, Justice Tsoho gave an order permitting the witnesses to testify behind a screen, stressing that the decision did not amount to a variation of a previous ruling that prohibited the witnesses from appearing in mask.

The three defendants had‎ earlier opposed FG’s application for secret trial, even as they queried the propriety of the court allowing ‎”masquerades” to testify against them.

Though Justice Tsoho maintained that the subsequent order he made in respect of the trial was in tandem with his ruling on February 9 that rejected secret trial of the defendants, the defence lawyer, Muoma, SAN, yesterday, urged the appellate court to set aside “the revised order for the identities of the witnesses to be protected”.

‎Muoma, SAN, ‎argued that the trial court had become functus-officio on the matter, having earlier ruled on the previous application by the prosecution.

It was his argument that FG ought to have appealed against the initial ruling instead of re-approaching the same court with a similar application.

He prayed the appellate court to direct the Chief Judge of the Federal High Court to transfer their case-file to another Judge for trial.

Nevertheless, FG, in a counter-affidavit ‎it filed before the appellate court, sought the dismissal of the appeal which it said lacked merit.

The DPP argued that the March 7‎ order of the high court did not amount to a variation of the February 9 ruling.

FG insisted that Kanu and the others were never denied fair-hearing by Justice Tsoho to warrant re-assignment of the case-file to another Judge. It opposed their request to be released on bail.

‎Besides, FG accused the defendants of attempting to use frivolous interlocutory appeals to delay their trial.

‎‎Kanu who was hitherto the Director of Radio Biafra and Television, ‎has been in detention since October 14, 2015, when he was arrested by security operatives upon his arrival to Nigeria from his base in the United Kingdom.

The defendants were alleged to have committed treasonable felony, an offence punishable under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria.

FG alleged that they were the ones managing the affairs of the IPOB which it described as “an unlawful society”.

Kanu was alleged to have illegally smuggled radio transmitters into Nigeria, which he used to disseminate “hate broadcasts”, encouraging the “secession of the Republic of Biafra”, from Nigeria.

The accused persons however pleaded not guilty to the charge on January 20, even as the court ordered their remand at Kuje prison ‎in Abuja.

Previous Post

Dangote to complete oil refinery by 2018

Next Post

Again, third court orders FG to allow Dasuki access to lawyers

Related Posts

Gunmen kidnap ex-minister Adelabu’s sister, children in Ibadan
Headlines

Gunmen kidnap ex-minister Adelabu’s sister, children in Ibadan

June 3 2026
Oyo schoolchildren abduction protests go nationwide as NASS moves on state police
Headlines

Oyo schoolchildren abduction protests go nationwide as NASS moves on state police

June 3 2026
Bandits attack mosque, kill 1, abduct 9 in Kaduna
Latest News

Bandits attack mosque, kill 1, abduct 9 in Kaduna

June 3 2026
Gunmen reportedly attack immigration office in Ogbomoso, cart away firearms
Latest News

Gunmen reportedly attack immigration office in Ogbomoso, cart away firearms

June 3 2026
Terrorists kidnap Army Major General, wife in Katsina
Latest News

Bandit leader contacts abducted Army General’s family, seeks release of gang members

June 2 2026
School abductions: Protests in Oyo, Ogun as NUT begins nationwide rally today
Latest News

CAN declares June 14 Black Sunday over widespread insecurity

June 2 2026
Next Post

Again, third court orders FG to allow Dasuki access to lawyers

Edo govt retracts letter approving new Oba of Benin, says 'it was in error'

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Ondo LG shuts schools over security concerns

Ondo LG shuts schools over security concerns

by The Editor
June 2 2026
0

...

IPOB hails observance of Biafra Heroes Remembrance Day

IPOB hails observance of Biafra Heroes Remembrance Day

by The Editor
May 31 2026
0

...

Alaafin urges FG to strengthen native intelligence after Oyo school attacks

Alaafin urges FG to strengthen native intelligence after Oyo school attacks

by The Editor
May 17 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

by The Editor
May 12 2026
0

...

APPOINTMENTS

Botswana appoints Nigerian Adesina as Chair of Diamonds for Development Fund

Botswana appoints Nigerian Adesina as Chair of Diamonds for Development Fund

by The Editor
June 3 2026
0

...

Elumelu joins Seplat board after $496m share acquisition

Elumelu joins Seplat board after $496m share acquisition

by The Editor
May 21 2026
0

...

Tinubu appoints 39-year-old Prof as new JAMB registrar

Tinubu appoints 39-year-old Prof as new JAMB registrar

by The Editor
May 21 2026
0

...

Soludo reshuffles power structure, swears in 18 Commissioners

Soludo reshuffles power structure, swears in 18 Commissioners

by The Editor
May 18 2026
0

...

ODDITIES

Man dies after torture by So-Safe officers in Ogun

Man dies after torture by So-Safe officers in Ogun

by The Editor
June 2 2026
0

FUTO student dies in Man O’ War custody, police arrest three suspects

FUTO student dies in Man O’ War custody, police arrest three suspects

by The Editor
May 31 2026
0

Bus driver stabs transport officer to death in Calabar

Bus driver stabs transport officer to death in Calabar

by The Editor
May 26 2026
0

GLOBAL NEWS

Iran hits US Fifth Fleet HQ, airbase after violations near Strait of Hormuz

Iran hits US Fifth Fleet HQ, airbase after violations near Strait of Hormuz

by The Editor
June 3 2026
0

...

Kuwait suspends flights after Iran strikes airport

Kuwait suspends flights after Iran strikes airport

by The Editor
June 3 2026
0

...

Protesting teachers in Mexico topple player statues days before World Cup

Protesting teachers in Mexico topple player statues days before World Cup

by The Editor
June 3 2026
0

...

Zimbabwe considers controversial presidential term-extension bill

Zimbabwe considers controversial presidential term-extension bill

by The Editor
June 2 2026
0

...

US cuts visa processing centres in Africa

US cuts visa processing centres in Africa

by The Editor
June 2 2026
0

...

State of the States

Abia launches bid for UNESCO Creative City Status for Aba, plans 1929 Women Riot honour

Abia launches bid for UNESCO Creative City Status for Aba, plans 1929 Women Riot honour

by The Editor
June 3 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Gov. Adeleke mobilises hunters, security forces to protect Osun schools, communities

by The Editor
June 2 2026
0

...

Hoodlums attack Soludo’s Chief of Staff convoy, kill two policemen

Hoodlums attack Soludo’s Chief of Staff convoy, kill two policemen

by The Editor
June 1 2026
0

...

Amotekun Corps loses 200 operatives in battle against insecurity in Oyo

Amotekun Corps loses 200 operatives in battle against insecurity in Oyo

by The Editor
June 1 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Egbin Power fuels performance culture, honours outstanding employees, talents at ERA 2026

Egbin Power fuels performance culture, honours outstanding employees, talents at ERA 2026

June 3 2026
Iran hits US Fifth Fleet HQ, airbase after violations near Strait of Hormuz

Iran hits US Fifth Fleet HQ, airbase after violations near Strait of Hormuz

June 3 2026
Gunmen kidnap ex-minister Adelabu’s sister, children in Ibadan

Gunmen kidnap ex-minister Adelabu’s sister, children in Ibadan

June 3 2026
Abia launches bid for UNESCO Creative City Status for Aba, plans 1929 Women Riot honour

Abia launches bid for UNESCO Creative City Status for Aba, plans 1929 Women Riot honour

June 3 2026

EDITORIAL REVIEW

Cooking gas price hike deepens Nigerians’ woes – Punch

Cooking gas price hike deepens Nigerians’ woes – Punch

by The Editor
June 3 2026
0

Nigeria’s obscene money politics – Punch

Nigeria’s obscene money politics – Punch

by The Editor
June 2 2026
0

The $498.8m fund to fight Ebola – Vanguard

The $498.8m fund to fight Ebola – Vanguard

by The Editor
June 1 2026
0

Tinubu denies Christian, Muslim genocide in Nigeria

Three years of Tinubu reforms – Punch

by The Editor
June 1 2026
0

Children’s Day of gloom – Punch

Children’s Day of gloom – Punch

by The Editor
May 31 2026
0

Opinion

Of bandits and their informants/sponsors

Of bandits and their informants/sponsors

by The Editor
June 1 2026
0

...

Nigeria at critical juncture – Vanguard

Nigerian economy: The street is not smiling!

by The Editor
June 1 2026
0

...

Tinubu sticking to anti-masses policy, says Afenifere

As criminals seize Nigerian babies

by The Editor
May 31 2026
0

...

School attacks and the death of ethics

School attacks and the death of ethics

by The Editor
May 22 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.