NNAMDI KANU IS NOT GOING TO COURT, NEITHER DID HE ORDER ANY "SIT AT HOME ON 4TH, OCTOBER, 2022,

October 1, 2022 | The Biafra Times

For the purpose of clarification, the Fundamental Rights Suit, filed on behalf of Onyendu Mazi Nnamdi Kanu at the Federal High Court Umuahia, Abia State, is scheduled for Ruling on jurisdictional issues raised suo motu by the Court, on the 4th day of October, 2022.

Let the members of the general public be properly informed and appropriately guided, that we have the firm instruction of Onyendu Mazi Nnamdi Kanu, to inform the public, lovers of freedom and UmuChineke, that Onyendu will not be coming to Court on the 4th day of October, 2022.

As such, Onyendu neither directed, approved nor authorized anyone to declare a sit-at-home on that date.

Members of the general public are advised to go about their normal business activities on this said date. This clarification has become compelling and necessary, in view of the avalanche of misleading information on the social media, and plethora of calls I have received from concerned UmuChineke to this effect. 

We have assured UmuChineke that we shall inform you any time Onyendu Mazi Nnamdi Kanu is scheduled to appear in Court. 

It is to be noted too, that Onyendu Mazi Nnamdi Kanu has several suits pending against the Federal Government of Nigeria, her agencies and officials, in various courts across the Country. For instance, the main Suit challenging the extraordinary rendition of Onyendu Mazi Nnamdi Kanu, filed before the Federal High Court Abuja, against the Federal Republic of Nigeria & Anor, in Suit No: FHC/ABJ/CS/462/2022, and the Suit challenging the constitutionality or otherwise of the 2022 Practice Direction on the trial of terrorism offences, filed against the Chief Judge of the Federal High Court & Anor, in Suit No: FHC/ABJ/CS/550/2022, are equally coming up for Hearing next week, before Hon. Justice Ekwo of Court No. 5, Federal High Court Abuja.

However, kindly note that Onyendu Mazi Nnamdi Kanu, still NEVER APPROVED nor AUTHORIZED that on the said dates, the members of the general public be directed to sit at home. 

Please let us be properly and adequately guided. This should be a period for serious circumspection and focus, we should not allow those who have no interest of the present fate of Onyendu to derail us.

Onyendu Mazi Nnamdi KANU is passing through his present ordeal because of his earnest desire to emancipate his people from any form of suffering or oppression, there is therefore, no way he will support anything that will bring more hardship on the same people he is suffering for.

Thank you all, UmuChineke and remain blessed.

Signed:

Sir ifeanyi Ejiofor, Esq. (KSC)

IPOB’s Lead Counsel.

1st October, 2022.

The Biafra Times

Publisher: Chijindu Benjamin Ukah

Contact us: [email protected]

Biafra: How DSS compelled me to write statements during detention, Onwudiwe testifies in court

...I was injected and bleeding in my private part, electrocuted, transferred to different cells, including one that has a Tuberculosis patient and Boko Haram terrorists – Onwudiwe reveals

March 27, 2019

By Chukwuemeka Chimerue, Chief Editor, and Chikwas Onu Ikpe | The Biafra Times

ABUJA— Hearing on the case involving four members of the Indigenous People of Biafra, IPOB, who are being prosecuted by the Federal Government over charges bordering on conspiracy to commit treasonable felony, improper importation of goods and illegal possession of firearms, continued on Wednesday before Justice Binta Nyako of the Federal High Court sitting in Maitama, Abuja.

Recall that at the previous hearing on Tuesday, the Federal government presented copies of some documents in court, which contained statements allegedly made by the second defendant, Mr Chidiebere Onwudiwe and a witness to collaborate the contents of the document.

However, when Onwudiwe, appeared in court today, he gave testimony on what transpired during the period of his detention at the facility of the Department of State Security Services, DSS, and the authenticity of the statements presented in court by the prosecution counsel.

While being led in evidence by counsel to the defendant, Ifeanyi Ejiofor, Onwudiwe, narrated his travails in the hands of the DSS and how they compelled him to make written statements at the DSS facilities both in Port Harcourt, Rivers State and in their headquarters in Abuja, contrary to the statements of the FG’s witness who testified as Mr CD yesterday.

According to Mr Onwudiwe, “I was arrested on Wednesday, June 22, 2016 in my house; and detained in DSS custody for about three weeks.

“Two males and a female from the investigation department of the DSS interrogated me. I made some of the statements, the rest were products of the degrading treatments meted on me by the DSS.

“On July 5 or 6, 2016; but supposedly on a Sallah day, I was blind-folded, in chains (hands and legs), and was driven from Port Harcourt to Abuja. When we got to Abuja, I was sent for a medical check-up because my private part was bleeding after the DSS had injected me. From there, I was taken to the operational department.

“After some days, I was taken to a facility called ‘New Eko,’ then they called me later for investigation. It was in the investigation department that I met Mr. CD.

“They told me to make a statement, but I asked what my crimes were before I would begin to make statement. The one that looks like their boss, Mr. Brown, slapped me from the back and asked me, ‘Do you want to die? There is nothing like a lawyer here; you must write what we ask you to write’.”

“Thereafter, he assigned me to Mr. CD who asked me to do what their boss required of me, because they had ‘killed’ Benjamin Madubugwu and David Nwawuisi for refusing to write what they requested of them.

“Mr CD dragged me back to their boss’s office still in chains. He handed me over to the ‘handlers’ that took me to another cell. The handlers were not part of the investigation team but torturing team. I was sent to a smaller room (6 by 6 feet), duly aired by a 2.5HP air conditioner. I spent about a month without food, but was only drinking water from the tap.

“After a while, I was taken back to their boss in an underground cell. He asked me if I want to die, or write a statement that would set me free. Then he directed Mr. CD to return me to their own department.

“Therein they brought out a written note and asked me to copy its contents into my statements. After copying the statements, I refused to sign. One of the members in the investigation department brought out a short gun; he told me that a lot of damages could be met (on me) with the gun, that nobody knew where I was. He told me it is either I sign or I die.

"After I signed, I was sent to another cell known as ‘Old Eko’ (room 1). I spent about three weeks therein, after which I was invited for another statement. During the second statement, they told me that most of our members have been arrested, and they have told them everything they needed to hear; the only thing remaining and what they require of me, is to pen down same the way they (DSS) want it.

“In the process, a group I would call ‘external investigators’ came into the cell; which made them take me to another cell, tagged ’New Eko room 9’. In that cell was one James Malu, and a Tuberculosis patient, frequently vomiting blood, named Abacha. I was left in there for another two weeks before I was brought out.

“That was when they showed me a couple of statements written on a DSS sheet; and that I would be going to court on November 7, 2016. I was pointed towards two statements on the sheet, which I was compelled to sign otherwise I won’t go to court.

“Eventually, I was arraigned to court on November 8, 2016, and was later transferred to Kuje prisons on November 14, 2016.”

During cross-examination, the prosecution, Shuaibu Labaran asked Onwudiwe whether he was under any form of compulsion when he was giving his statement to DSS in Port Harcourt and he answered in affirmative.

He insisted that the statement he gave in Port Harcourt was exactly what the DSS told him to write. But Labaran objected, telling the defendant that his statement means he wasn’t even aware of what was contained in the statement but he answered that the DSS brought their own to join to his.

He said, “they(DSS) told me what to write in Port Harcourt and the only thing he knows that was written in the document was the Indigenous People of Biafra.

“I was subjected to electrocution on my laps which led me an unconscious state for several hours. All the while I was in DSS custody, I was chained(hand-cuffed and leg-cuffed).”

He also answered that he was tortured before giving statements in Port Harcourt, adding that the very first statement he made to the DSS was not brought to the court apart from those he made under compulsion.

However, the presiding judge stated that she was unaware of the defendant’s detention in Port Harcourt and thereafter adjourned till May 28, 2019, granting the parties time for the filing and adoption of written addresses.

The Biafra Times
Publisher: Chijindu Benjamin Ukah
Contact us: biafrawriters.org

Biafra: Absence of FG’s witnesses stalls trial of Kanu’s co-defendants

...Defendants can continue to enjoy their bail but our witnesses must be protected – Judge says; expresses satisfaction over appearance of defendants

By Chukwuemeka Chimerue, Chief Editor and Chikwas Onu Ikpe | The Biafra Times

November 15, 2018

ABUJA— An Abuja Division of the Federal High Court Wednesday, adjourned hearing till March 26, 2019 on the suit filed against co-defendants to leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, following the absence of the prosecution witnesses in court.

Trial Justice Binta Nyako made the ruling following a request by the Federal Government’s counsel, Shuaibu Labaran, to adjourn hearing on the matter due to the failure of his witnesses to appear before the court.

Labaran, while moving a motion for adjournment, informed the court that one of the prime witnesses was away for an official assignment hence, not available for yesterday’s proceedings.

But the lead counsel to the defendants, Ifeanyi Ejiofor, opposed the oral application for an adjournment on grounds of a pending application challenging the competence of the charges slandered against the defendants.

According to him, “My Lord, we have a pending application challenging the competence of the charge before filed on 27th March last year.

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“We’re urging My Lord, to hear this application by virtue of Section 3(c) of the Federal High Court practice direction but the prosecution is yet to file a response and I don’t think they intend to respond to this application.”

In reaction to Ejiofor’s objection, the prosecuting counsel, Labaran, told the court that they have not been served with the copy of the application, adding that the adjournment he was seeking was for just a day.

“My Lord, we’re not served. If they give us a copy, we’ll look at it. If it merits our response, we’ll do that immediately but we’re not served,” he stated.

Labaran added, “My Lord, I have two other of my witnesses in court. In view of the witnesses’ protection, which has already been granted by this Honourable court.

“The point I need to make is that two of my witnesses are in court but my next witness is not in court today and the sequence of my case does not suggest me jumping the line of my presentation of evidence and in the light of that, I didn’t ask for any long adjournment and that is to exhibit the seriousness the prosecution has attached to this case.

“My witness in question travelled for an official trip and he landed this afternoon. I know today’s already gone and I impressed on him to be in court tomorrow.”

Meanwhile, lawyer to the second defendant, Chidiebere Onwudiwe, Mr I. Efere, while reacting to the application for an adjournment, demanded the court to award the sum of N500,000 against the FG for expenses incurred while attending the court.

Read Also: Biafra: Court orders provisional forfeiture of Abaribe, others’ bail bonds over failure to produce Nnamdi Kanu

According to the lawyer, “It has passed three months when this court gave us this date. They were all aware that today is the continuation of the trial and then they walked into this court on akimbo to tell this court that their witness is not in court without cogent reasons.

“My Lord, I hereby apply for costs. I have my client who is coming from Enugu. He flew in and it must have cost him a lot of money and time. I want the court, in the interest of justice, to look into our consideration.”

When the judge asked him how much he want, the lawyer replied, “I’m not very cheap. I’m asking for five hundred thousand naira. I supposed to have travelled out but I had to re-adjust. I pray the indulgence of this court to consider the issues of cost, including wasted costs on lawyers, so that we can come to court and have a day in court rather than just coming here and asking for adjournment over frivolous reasons.”

Also, in his reaction, lawyer to the third defendant, Benjamin Madubugwu, Mr P.A.N Ejiofor asked court to foreclose the prosecution’s application for an adjournment.

According to him, “there must be a cogent reason to suggest an adjournment. This matter came up last on June 25, 2018 and the prosecution has more than one witness and he’s telling us ‘one witness is not available’. What about the others? He should have at least selected one from the rank of all the witnesses.

“So, My Lord, under that circumstance, we urge this court to foreclose them so that we can thrive upon the evidence that is available already and if that is done, we may not even need to move our motion that is pending.”

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Counsel to the fourth defendant, David Nwawuisi, Mr Maxwell Okpara, also, in his reaction, aligned himself with the submissions of the third defendant.

“Yes, My Lord, I just aligned myself to the resolution of my learned friend; considering the fact that the prosecution has succeeded in embarrassing my client. He lost his marriage, he lost his job and he just started life afresh,” Okpara asserted.

The court after hearing the arguments, adjourned the trial in favour of the prosecution, while also allowing the defendants to continue to enjoy their bail as she expressed satisfaction for their presence in court.

“On a very serious note, I’m going to grant the adjournment because we need to get our witnesses’ protection. The ones we have here are a bit faulty. We need to get them in order. We have several cases that needs witness protection. So I’m going to allow the gentlemen(defendants) to continue with their bail. I’m very impressed they were in time. I saw them when they came,” the judge concluded.

The Biafra Times
Publisher: Chijindu Benjamin Ukah
Contact us: [email protected]