Biafra: FG Has No Witnesses Against Nnamdi Kanu, We Have Other Options To Ensure He is Released Soon— Barr. Ejiofor

Tuesday, December 6, 2016

•We Won’t Allow Masquerades To Testify Against Kanu.

Barrister Ifeanyi Ejiofor, the defense counsel to the leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu has condemned the delay tactics and manner in which the Federal government has been handling the court trial of his client, saying that they have other means to explore in ensuring that the IPOB leader is granted bail.

In an interview with Chukwuemeka Chimerue and Anyikwa Cynthia of BIAFRA WRITERS, Barrister Ejiofor said that in the convenient time, his legal team will take an appropriate step after due consultations, adding that they have seen reasons upon which they can go for an appeal in securing Kanu’s bail.

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“We still have other options to explore under the present circumstance, the fact that we’ve been refused bail at the Federal High Court does not mean we cannot go for an appeal, and we’ve seen reasons and grounds upon which we can appeal against the bail refusal but we’re going to consult within ourselves and put heads together as to what our next line of action will be.

“However, we’re eager to proceed with the hearing of this trial because the Prosecution which is the Federal government has been delaying this case for so long, they’re not ready to open their case as you can see, they’ve filed an application for shielding of their witnesses at the point of giving evidence which we’ve vehemently opposed and countered.”

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Speaking further on the application he said, “that application was heard this morning(1st Dec.), and our counter affidavit to that motion was also heard as well, so it is now adjourned to 13th of December for ruling on that application. And that application ruling must be first delivered before proceeding to the main hearing because it has to do with the mode of trial.

“So once the court delivers ruling on the mode of trial which will serve the interest of justice in the circumstance, we can now go into trial and I’ve already craved the court’s indulgence to ensure that this matter is being given speedy trial.

On the application sought by the Prosecutor, S.N Labaran, for the court to allow masked witnesses to testify behind scene, Ejiofor said, “We’re firmly convinced that they have no witnesses who is coming to testify, that is why they’ve been running up and down to bring people from anywhere to come and give evidence either behind the scene or masked, and we have opposed it, stating the laws under which the court can grant our own counter application, because even the law they’re relying upon cannot aver them.

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“Section 341 of the Terrorism Amendment Act Regulation is very clear. If you’re telling the court that the lives of the witnesses are being threatened, you must satisfy the court with the particulars of that threat, the witnesses must disclose an affidavit or evidence to show that somebody at one time or another called them on phone to threaten them and it’s the fundamental thing that has to be done and in the absence of that, the court cannot grant the application and we’ve urged the court to dismiss it based on that.
“And the offences they were charged with, particularly the 1st, 3rd and 4th defendants, are not such that can be heard in camera or in secret, it’s not contained under Section 3224E of the ACJ Act. That has been made known to the court that the application cannot be granted.

“Nnamdi Kanu has been accused in the open, he has been maligned and has been convicted over the media. We want to see them eyeball to eyeball, look at their demeanour, watch what they’re telling the court and know when they’re lying because I know and I can assure you that nobody is coming to give evidence against Nnamdi Kanu, they have no witnesses whatsoever in this case, take it or leave it from me,” he added.

Recall that Justice Binta Nyako had on determining the bail application sought by the IPOB leader and three others, held that President Buhari, being a citizen of
Nigeria, was at liberty to exercise his freedom of speech. She maintained that the President lacks the capacity to influence the decision of the court, saying the defendants did not place any new fact or law capable of persuading the court to reverse an earlier ruling of the court that denied them bail.

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However when asked, Barrister Ejiofor corroborated this by saying, “What I understood the Lordship said that no new fact has emerged in the circumstance, to sway her to deviate from the ruling or order made by her learned brother (John Tsoho); that is the fulcrum of the bases upon which she refused the application but that notwitstanding, we still have other options, because the point has to be made that Nnamdi Kanu is not standing for the charge of terrorism, the 2nd defendant is the only one who is been charged for terrorism, the 3rd defendant is also not facing the offence of treasonable felony neither is he facing the offence of terrorism, the 4th defendant is equally not facing an offence of treasonable felony neither is he facing an offence of terrorism.

“So they have individual charges preferred against them, but the main fact is that the 1st and 2nd defendants are facing an offence with serious personas, does not affect the 3rd and 4th defendants, so we have other grounds and the law is very clear, in the circumstance, the Prosecution has failed to show or present the true fact to the court as to what will affect the court from holding his handbags from granting them bail, he has failed to present those facts and we’re urging the court to grant him bail, which it denied, but that notwithstanding, we have other options to explore and we still maintain our eagerness to see this trial continue,” he concluded.

By Chukwuemeka Chimerue & Anyikwa Kelechi Cynthia
Published By Nwosu C.S
For Biafra Writers