The embattled leader of the Indigenous People of Biafra, Nnamdi Kanu, was absent on Thursday as the Federal High Court, Abuja, commenced hearing on his application to quash the treasonable felony charge brought against him by the Federal Government.
Kanu, through his lawyers led by Ifeanyi Ejiofor, is asking the court to acquit and discharge him of all counts in the charge.
According to him, the court lacks the requisite jurisdiction to try him on the basis of a charge he said was grossly incompetent.
He stated that there was no evidence attached to the amended charge against him, noting, “No allegation was made in any of the counts of the amended charge that the alleged sundry acts of the defendant/applicant were physically carried out by him, within the geographical space or territorial boundaries of Nigeria.
“That the only element requisite to constitute and find liability for incitement is the actual words allegedly uttered by the defendant/applicant.
“That the alleged acts for which the defendant was charged, do not constitute terrorism offences in London, United Kingdom, where they were allegedly committed.”
Justice Binta Nyako had on November 10 adjourned further proceedings in the case till January 19, 2022, but brought the date forward following an application by Kanu’s legal team.
The IPOB leader had earlier applied to be transferred from custody of the Department of State Services to the Kuje Correctional Center.
Nyako, however, ordered the DSS to grant him access to three visitors of his choice, every Monday and Thursday of the week.
One of Kanu’s counsels, Maxwell Opara, said the application to move him out of DSS custody would be revisited.
Opara said, “For today, we are focusing on the application for abridgment of the trial date and for the charge to be quashed. However, if time permits, we will re-apply for his transfer to prison custody.”