Biafra Agitators Hails Court Ruling that IPOB not an Unlawful Body

A Federal High Court sitting in Abuja has dismissed the Fed­eral Government’s stance that the Indigenous Peo­ples of Biafra (IPOB) is an ille­gal society.
Justice Binta Nyako while ruling on aspects of the case between the Federal Govern­ment and IPOB on Wednesday, equally struck out six of the 11 charges preferred against IPOB leader, Mazi Nnamdi Kanu and three others.
Ruling on the six charg­es, Justice Nyako declared that IPOB, which is pushing for an Independent State of Biafra, is not an unlawful body.

 The ruling is seen by stake­holders as a major victory and a big relief for Kanu and IPOB. Only on Tuesday, some promi­nent Igbo leaders led by the for­mer Governor of Central Bank of Nigeria (CBN), Prof. Chuk­wuma Soludo and one-time presidential hopeful, Prof. Pat Utomi, had demanded for the unconditional release of Kanu and his colleagues.
After visiting Kanu at the Kuje Medium Security Prison in Abuja, Soludo, leading mem­bers of the “Nzuko Umunna,” to meet the detainee, disclosed that they would explore local and international fora to en­sure Kanu’s release.
Also, the new Ohanaeze President-General, Chief Nnia Nwodo, had called for Kanu’s release, a halt to the killing of IPOB and MASSOB members and dialogue by the Feder­al Government with the body just as the Niger Delta militants, Boko Haram insurgents and killer Fulani cattle herdsmen.
The Federal Government had filed an 11-count charge bordering on terrorism, trea­sonable felony, running an un­lawful society, publication of defamatory matter, illegal pos­session of firearms and improp­er importation of goods against Kanu and three other IPOB members: Mr. Chidiebere On­wudiwe, Benjamin Madubug­wu and David Nwawuisi.
But delivering a ruling on Wednesday following Kanu’s preliminary objection, the court held that the six counts it struck out did not call for trial due to lack of evidence to sub­stantiate allegations in the proof of evidence filed by the prose­cution.
With the striking out of six of the eleven counts, the de­fendants are now to be tried on five counts. Analysts also say, the major plank upon which the trial stands had been weakened.
The court further held that six of the 11 charges disclosed no prima facie case and the el­ements of offences against the defendants.
The counts struck out by Justice Nyako are charges 3, 6, 7, 9, 10 and 11.
They relate to alleged man­agement of an unlawful or­ganisation, intention to man­ufacture bombs, improper importation of a radio trans­mitter, among others.
In striking out the count on management of an unlawful or­ganisation, the court held that the prosecution failed to show that IPOB was either unlawful, unregistered or had been pro­scribed.
In count 3 which was also struck out, government had al­leged that Kanu and others were managing an unlawful society which is punishable under Sec­tion 63 of the Criminal Code Act, Cap C38, Laws of the Fed­eration of Nigeria, 2004.
In count 6, the government accused one Benjamin Madu­bugwu who is the third defend­ant, of accepting and keeping a container housing a radio transmitter known as TRAM 50L, with the knowledge that it was meant for radio broad­casts and thereby committed an offence contrary to Section 63 of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria, 2004.
Count 9 alleges that On­wudiwe Chidiebere, who is the second defendant and the National Coordinator of IPOB, knowingly committed an act preparatory to an act of terror­ism by making materials to be used against the Nigerian se­curity operatives carrying out their lawful duties.
Other counts left for deter­mination are: alleged conspir­acy to commit treasonable fel­ony, publication of defamatory matter, improper importation of goods and illegal possession of fire arms.
Justice Nyako later ad­journed the suit to March 20 and 21, 2017, for trial.
IPOB hails court ruling
Meanwhile, the leadership of IPOB has commended Jus­tice Nyako for dismissing the charges against Kanu and oth­ers.
Reacting to the develop­ment, Emma Powerful, the IPOB Publicity Secretary, in a press statement, described the ruling as a “Daniel Coming to Judgement.”
IPOB expressed gratitude to prominent Nigerians who have spoken out on Kanu’s or­deal and its members for re­maining steadfast in the strug­gle for the Biafra Republic.
He said: “We however thank all IPOB members and Biafrans who made it possible to be at the Abuja High Court in solidarity to the Biafra cause and our leader Mazi Nnam­di Kanu. May God Almighty Chukwu Okike Abiama bless them.
“We advise every IPOB member and Biafrans world­wide to remain resolute in the pursuit for the restoration of the ancient nation of Biafra be­cause it is ordained by the Al­mighty God and no man born of a woman can stop it unless God says so. This is the time for the restoration of the prophe­sied nation in West Africa,” Powerful stressed.