Both counsels argued on the application challenging the competence of the 15-count charge proffered against the IPOB leader at the resumed hearing on Wednesday.
While lead counsel to Kanu, Mike Ozekhome, SAN, asked the court to quash and dismiss the amended 15-count for lack of competence, counsel to the Federal Government of Nigeria, S.M Labaran urged the court to direct Kanu to open his case.
In his preliminary objection, the IPOB leader is challenging the jurisdiction of the court to try him. He is also challenging the validity of the 15-count amended charge preferred against him.
His Counsel argued that the charges against his client were defective and baseless. Ozekhome, therefore, urged the court to dismiss them.
He said, “We are praying for an order striking out, quashing and dismissing the amended 15 count charge for being incompetent.
“An order discharging and acquitting the defendant of the charges where same has been dismissed by the court.”
He stated that looking at the criteria of the entire charge, it did not disclose any prima facie evidence, adding that, “You are accusing Kanu of making some broadcast. You didn’t say where these broadcasts were made.”
Ozekhome argued that “the defendant (Kanu) was unlawfully and brutally extraordinarily renditioned from Kenya,” an action he said breached the African Charter on Peoples Rights. He, therefore, adopted his application and asked the court to quash the 15 count.
On the other hand, Labaran, counsel to FG, urged the court to dismiss Kanu’s application and order him to open his case.
Labaran said, “The application lacks substance. We, therefore, urge your lordship to gracefully refuse this application and direct the prosecution to open its case in accordance with the practice of the Federal High Court.”
He further argued that the court had jurisdiction to hear the matter going by the Administration of Criminal Justice Act (ACJA).
“With respect to jurisdiction, Section 32 of the Terrorism Act states that the FHC has jurisdiction to try offences anywhere it is committed,” he said.
Justice Binta adjourned the matter for April 8, 2022, to rule on the preliminary objection filed by Kanu on the 15-count amended charges.
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