The Federal Government, yesterday, docked the detained
leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu, before the
Abuja Division of the Federal High Court on a six-count criminal charge
bordering on treasonable felony.
This came just as the Rivers State Police Command arraigned
ten pro-Biafra protesters in Port-Harcourt.
Kanu was arraigned alongside two other pro-Biafra agitators,
Benjamin Madubugwu and David Nwawuisi.
The trio took turns and pleaded not guilty to the charge,
which was signed by the Director of Public Prosecution, DPP, Mr. Mohammed Diri.
In the charge, the Federal Government alleged that the
accused persons committed treasonable felony by spear-heading an illegal
agitation for the seccession of ‘Biafra Republic’ from Nigeria, an offence
punishable under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the
Federation of Nigeria.
FG alleged that the three accused persons were the ones
managing the affairs of the IPOB, which it described as ‘an unlawful society.’
To remain in custody
Meantime, shortly after the accused persons pleaded
innocence to the charge, yesterday, the DPP, who is personally prosecuting the
case for the government, applied for them to remain in custody of the
Department of State Services, DSS, pending the determination of the case
against them.
Diri insisted that it would be more convenient for the
prosecution to produce the accused persons to court from the DSS detention
facility for trial than from Kuje prison.
Citing security reasons, Diri, contended that anything could
happen on the way while bringing the accused person to court from the prison.
“‘The DSS had never failed to produce the defendants in
court, but we have had instances where accused persons in prison were not
brought to court for trial owing to logistic problems.
“‘The nature of the offence and the response of friends,
relatives and sympathisers of the defendants that we have seen, particularly
when the case was before the Magistrate’s Court, is what has prompted this
application.
“I have no personal interest against the accused persons. I
am only doing my job as the prosecutor and the DPP of the federation,” Diri
added.
A better option
However, his application was vehemently opposed by counsel to
the defendants, Chief Chuks Muoma, SAN, who told the court that his clients
would rather prefer to be remanded in prison custody.
Muoma argued that the prison was the most appropriate place
to remand an accused person that had entered plea before a court of competent
jurisdiction.
”’No amount of convenience can over-ride the law. The
prosecution has not disputed the fact that we don’t have access to our clients.
They have not also disputed the fact that our clients do not have access to
phone calls. Two court orders in respect of this matter have been disobeyed by
the DSS, so what is the guarantee that it will obey whatever order this court
will make? ” Muoma queried.
Besides, he accused the DPP of giving evidence from the bar
by insinuating that the DSS detention facility is more secure than Kuje prison.
After listening to both parties, trial Justice James Tsoho,
over-ruled the DPP and remanded the defendants in Kuje prison.
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