Biafran Colt of arm

Biafran Colt of arm
Biafra is my Right

Wednesday 27 April 2016

Director Of Radio Biafra / Leader Of IPOB-Nnamdi Kanu In Court 26th April 2016


Director Of Radio Biafra / Leader of IPOB -Nnamdi Kanu                            In Court 26th April 2016

Court rules Kanu’s trial must continue



A Federal High Court sitting in Abuja has dismissed the application of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), seeking a stay of proceedings pending determination of his appeal.

Kanu had approached the appellate court, challenging the earlier decision of the court to uphold the prosecution’s request to shield their witnesses from members of the public during trial.

The judge, Justice John Tsoho, held that the application for stay of proceedings lacked merit and ordered that the trial would proceed in the mode earlier directed by the court.

Kanu and his co-defendants are standing trial on a six-count charge of treasonable felony, unlawful possession of firearms and other offences bordering on their agitation for secession of the Republic of Biafra from Nigeria.

Tsoho relied on provisions of Section 306 of the administration of criminal justice act, 2015, which prohibits courts from entertaining a motion for stay of proceedings with respect to criminal cases.
Contrary to the contention of Chuks Muoma (SAN), Kanu’s lawyer, Tsoho held that the provision of section 306 of ACJA could not deny an accused person fair hearing.
The judge held that the provision of the ACJA was to enhance the right to speedy trial, guaranteed an accused person in the constitution.
“Section 306 of ACJA removes hitches to speedy trial, which is component of fair hearing,” he said.
The judge also distinguished the trial of the Biafra agitators from that of Bukola Saraki, the senate president.
In Saraki’s case, the supreme court, after the advent of the ACJA, last year granted an order for stay of proceedings in his trial before the code of conduct tribunal.
Tsoho held that the prevailing circumstances informing the decision of the supreme court to grant stay of proceedings in Saraki’s case was not available in the instant case.
He said in Saraki’s case, the issue of whether the cases entertained by the CCT were criminal in nature or not, was still to be determined by the supreme court, and was not available in the case before him.
He explained that it was not in doubt that the federal high court had jurisdiction to hear criminal cases.
“It is, more so that the application for stay of proceedings is not founded on lack of intrinsic jurisdiction of this court but on mode of procedure to be adopted in the trial.’’
After dismissing the application, he held that the trial would proceed in the mode he had earlier directed on March 7, which was to shield them from the public, but not to wear masks.
Court rules Kanu’s trial must continue
A Federal High Court sitting in Abuja has dismissed the application of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), seeking a stay of proceedings pending determination of his appeal.
Kanu had approached the appellate court, challenging the earlier decision of the court to uphold the prosecution’s request to shield their witnesses from members of the public during trial.
The judge, Justice John Tsoho, held that the application for stay of proceedings lacked merit and ordered that the trial would proceed in the mode earlier directed by the court.
Kanu and his co-defendants are standing trial on a six-count charge of treasonable felony, unlawful possession of firearms and other offences bordering on their agitation for secession of the Republic of Biafra from Nigeria.
Tsoho relied on provisions of Section 306 of the administration of criminal justice act, 2015, which prohibits courts from entertaining a motion for stay of proceedings with respect to criminal cases.
Contrary to the contention of Chuks Muoma (SAN), Kanu’s lawyer, Tsoho held that the provision of section 306 of ACJA could not deny an accused person fair hearing.
The judge held that the provision of the ACJA was to enhance the right to speedy trial, guaranteed an accused person in the constitution.
“Section 306 of ACJA removes hitches to speedy trial, which is component of fair hearing,” he said.
The judge also distinguished the trial of the Biafra agitators from that of Bukola Saraki, the senate president.
In Saraki’s case, the supreme court, after the advent of the ACJA, last year granted an order for stay of proceedings in his trial before the code of conduct tribunal.
Tsoho held that the prevailing circumstances informing the decision of the supreme court to grant stay of proceedings in Saraki’s case was not available in the instant case.
He said in Saraki’s case, the issue of whether the cases entertained by the CCT were criminal in nature or not, was still to be determined by the supreme court, and was not available in the case before him.
He explained that it was not in doubt that the federal high court had jurisdiction to hear criminal cases.
“It is, more so that the application for stay of proceedings is not founded on lack of intrinsic jurisdiction of this court but on mode of procedure to be adopted in the trial.’’
After dismissing the application, he held that the trial would proceed in the mode he had earlier directed on March 7, which was to shield them from the public, but not to wear masks.

…We’ve confidence in Court of Appeal  –IPOB

From Jeff Amechi Agbodo, Onitsha
Leader of Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu yesterday said he has confidence in the Court of Appeal sitting in Abuja to get justice.
The Abuja division of Court of Appeal, last Tuesday shifted hearing on the appeal that was filed by Kanu and two others till May 5 for hearing on the matter.
Counsel to Kanu, Mr. Ifeanyi Ejiofor, while reacting to what transpired at the court on Tuesday that led to the shift of the matter that was earlier fixed for hearing, expressed confidence in the judiciary which he said is the last hope of the common man.
He said when they gathered at the Court of Appeal waiting for the case to be called up, it was not coming on inquiry, the clerk told them that the case was not listed or scheduled to be treated for the day.
Ejiofor noted that three cases; Dasuki, Metu and another person came up at the court due to the importance of the cases based on what the presiding judge, Justice Abdul Aboki told them who stood in for the cases due to the judges conference. He stated that judges don’t attend to court sittings during their conferences which incidentally clashed with the fixed date for hearing of the matter of Kanu and others, saying that was the reason why the case was shifted till May 5.
He said:  “We don’t have problem with the shift of the date for hearing. We are aware that judges don’t go to court during their conferences, so, it is not against our client or to undo us but the normal thing in the judiciary.”
We have confidence in the judiciary and we are sure of getting justice at the Court of Appeal.”
The trio of Kanu, Benjamin Madubugwu and David Nwawusi had gone to challenge what they called strange procedure adopted in their trial.

Wednesday, 27 April 2016

Biafra: WHEN IT WILL 

HAPPEN YOU WILL CALL ME 

AND I WILL PLAY THIS 

BROADCAST FOR 

YOU".......UNU LEKWA ANYA 

RASIAM

By Aguocha Chinwendu.A voice was loud enough, the voice I heard from the mountains and I saw down valleys was sorrowful yet courageous and full of power a prophet was sounding out to his people the raw messages of EZECHUKWUOKIKE ABIAMA he warned the stiff necked people of the east crying uncontrollably he told them there was danger, he was mocked abused and insulted when he called for defence the people he loved first accused him of hate preaching and calling for war,like a sound of bell my ears are still hearing his words loud and clear "WHEN IT WILL HAPPEN YOU WILL CALL ME AND I WILL PLAY THIS BROADCAST FOR YOU".... UNU LEKWA ANYA RASIAM,....prophet Nnamdi KANU.it pains me he's in detention now that a major of his prophecy just hit,who could have believed that Hausa Fulani will travel miles into our village in Enugu to massacre and destroy our land burnt houses and churches he told you your government cannot save you, report has it that the presidency refused to give the Army and police order to hinder the massacre and your representatives both senate and house reps are not doing anything and all your governor could do was to declare praying and fasting when his people are killed, I can't see Rev father Mbaka,he suddenly gone dump maybe deaf too,who is the prophet to follow Rev Mbaka or my Prophet NNAMDI KANU we have a prophet to save our generation his name #Nnamdikanu I am a Biafran #Hardcore my Name is Aguocha Chinwendum I serve the most High Ezechukwuokike Abiama He's my God
Court rejects Nnamdi Kanu’s 
bid to halt trial 

A Federal High Court in Abuja on Tuesday struck out an application by the leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, and his co-accused, David Nwawusi and Benjamin Madubugwu, asking for a stay of proceedings in their ongoing trial. 

Justice James Tsoho ruled that the application for a stay of proceedings lacked merit and ordered that the trial should proceed in the mode earlier directed by the court.   In his ruling on Tuesday, Justice Tsoho, said he would not yield to any blackmail in the handling of the case. He however condemned the use of what he described as “intemperate language” by the defendants’ lawyer, Mr. Ifeanyi Ejiofor, who signed and filed the application. Referring to how the words “prudence” and “common sense,” were used in the application, the judge said “virulent attacks on courts do not constitute a yardstick for the success of counsel.” The judge added, “The logical inference to be drawn from this is that if the order of stay is not granted, then this court lacks prudence or common sense. Be that as it may, this court will not yield to blackmail.” Kanu and his co-defendants are being prosecuted before the court on six counts of treasonable felony, unlawful possession of firearms and other offences bordering on their agitation for secession of the Republic of Biafra from Nigeria. They had asked for a stay of proceedings on the basis of the appeal which they had filed against the March 7, 2016 ruling of the court varying its earlier decision of February 19, 2016 by permitting prosecution witnesses to testify in camera. Kanu and his co-accused contended in their appeal before the Court of Appeal, Abuja, that the order  permitting the Federal Government’s witnesses to testify behind the screen was granted without jurisdiction, because it was against the court’s earlier ruling of February 19, which rejected the prosecution’s motion for witness protection. But in dismissing the defendants’ application on Tuesday, Justice Tsoho relied on the provisions of Section 306 of the Administration of Criminal Justice Act, 2015, which prohibits courts from entertaining motions for a stay of proceedings with respect to criminal cases. 
The judge ruled that contrary to the contention by the defendants’ lawyer, Chuks Muoma (SAN), who argued the application, the provision of Section 306 of ACJ Act could not deny an accused person a fair hearing. He said though he conceded that Section 306 of ACJ Act “encroached” on a judge’s discretion to grant a stay of proceedings in criminal trial, it never denied the right of appeal guaranteed an aggrieved party in Section 241 of the constitution. The judge held that rather, the provision of the ACJ Act was to enhance the right to speedy trial, which an accused person was entitled to under the constitution. “Section 306 of ACJA removes hitches to speedy trial which is a component of fair hearing,” Justice Tsoho ruled. The judge also distinguished the trial of the Biafra agitators from that of the Senate President, Dr. Bukola Saraki, in which the Supreme Court last year after the advent of the ACJ Act, granted an order for a stay of proceedings in his (Saraki’s) trial before the Code of Conduct Tribunal. Justice Tsoho held that the prevailing circumstances informing the decision of the Supreme Court to grant a stay of proceedings in Saraki’s case were not available in the instant case. He said in Saraki’s case, the issue of whether the cases entertained by the CCT were criminal in nature or not was to be determined by the Supreme Court when the order of a stay of proceedings was granted, adding that such issue was not available in the case before him. He explained that it was not in doubt that the Federal High Court had jurisdiction to hear criminal cases. 
The judge ruled, “It is more so, given that the application for a stay of proceedings is not founded on lack of intrinsic jurisdiction of this court but on mode of procedure to be adopted in the trial.” He ruled that the trial would proceed in the manner earlier directed by the court except there was a contrary directive or order from appropriate authorities. He said, “At this juncture, I hold with due respect and without any prejudice that, the circumstances of this application are not deserving of an order for a stay of proceedings. “Consequently, the applicants’ application for an order of stay of proceedings in this case is refused and struck out. “The effect is that the trial in this case shall be proceeded with in the manner ordered by this court, except there is contrary directive or order from appropriate authority.” The judge after dismissing the application adjourned till June 20 to 23 for commencement of trial. Meanwhile, the appeal by Kanu and his co-accused, in which they also asked for the withdrawal of their trial from Justice Tsoho and re-assignment to another judge was on Monday fixed for May 5 for hearing. 

DON'T BE DECEIVED


Do not be Deceived. The 

account 

by Fred Onyeali is authentic!

Nnamdi Kanu 11/27/13 at 5:31 PM
To Fellow Biafrans,
Allow me to take this opportunity to correct some misleading impressions that may have been presented by Bilie Human Rights Initiative in pursuit of their ‘legal route’ for the emancipation of we Biafrans.
Emeka Emekaesiri has continued his subtle but dubious character assassination and name calling which he began on Facebook. Now that he has continued to make inaccurate and false representation of the position of Radio Biafra. I will address him via this medium before responding comprehensively to his spurious allegations contained in his Facebook submission.
I find Emeka Emekaesiri to be a man devoid of any honour or principle. Radio Biafra and Bilie Human Rights Initiative signed an agreement to bind the two groups together to pre-empt this very usurpation of the responsibilities of one by another that BHRI is attempting or attempted on Radio Biafra. Emeka Emekaesiri did not honour any of the clause or covenant contained in a documented that he drafted and signed as a lawyer.
He cannot be trusted to uphold any agreement for the following reasons:
1) He Emeka Emekaesiri took money from Biafran activists in Europe to register Bilie Human Rights Initiative at the United Nations, when any genuine Biafran called in truth and honesty to serve his land would have rendered the same service for nothing. Not only did he collect money from Biafra Liberation in Europe he equally took over the organization that he was paid to represent.
2) I singularly registered Radio Biafra as a concern in the UK at the same time Emeka Emekaesiri registered BHRI in his name alone. In agreement with Emeka Emekaesiri I handed over Radio Biafra to the people of Biafra and invited him to do the same with BHRI but he declined.
3) Emeka Emekaesiri has been claiming that there is a legal method for achieving the independence of Biafra hence why we are in court when in actual fact there is nothing like a legal method in the history of freedom fighting. He has come in the same guise as Uwazuruike and Benjamin Onwuka to deceive our people by claiming you can get freedom through the courts or by sitting at home or declaring Biafra at Enugu Stadium. Every liberation movement in history adopted a political process be it through civil disobedience or armed conflict and that is exactly what we are doing via Radio Biafra. We owe nobody an apology for adopting this approach.
4) BHRI is on record for saying that they are law abiding citizens of Nigeria and will report anybody suspected of organizing any armed conflict against Nigeria to the Nigerian authorities. This is the same thing Uwazuruike did when he said his criminal group said they will arrest and hand over anyone found intimidating Hausa/Fulani people following the Boko Haram outrage against our people in the North.
5) Emeka Emekaesiri in the presence of Amarachi Okpara, Egemba and Uche Mefor at a meeting in Bannister House I called to request from him why he is not honoring a simple agreement we went into told me that Okorocha and his people are aware of what we are doing and would like to get involved. I warned him that I will not accept Okorocha or any Nigerian politician in this struggle.
6) Emeka Emekaesiri has done his best to castigate and tarnish my image before the Council of Elders and Debe Ojukwu in the hope of alienating me from them so the field will be open for him to perpetrate his little fraud called legal process.
7) Emeka Emekaesiri and his BHRI has been peddling falsehood that I have been collecting money from Biafrans all over the world without accounting for it. BHRI knows that financial accounting is done once a year and that Radio Biafra is a duly registered business in the UK and MUST account to Her Majesty’s government once every year. BHRI file their account in Nigeria as a registered business in Nigeria while Radio Biafra will do so as it is registered in the UK. I have not seen BHRI accounts so why must Radio Biafra account to BHRI in private?
8) Emeka Emekaesiri with Egemba and the rest of BHRI on Facebook has been peddling rumours about what may have become of the money Biafrans are donating from all over the world. BHRI is aware that the money is meant for our transmitter which we have now purchased yet they continue to peddle these lies.
9) Asking every pro-Biafra group to come under BHRI is an insult of the highest order. Where has this type of nonsensical approach been adopted before? We are in a court that can never grant us independence, our people are dying on a daily basis and BHRI is trying to use the fact they are registered in Nigeria to muzzle direct action by claiming they will provide protection. When did groups start providing protection? Is it not the law that protects? Even a lay person like myself cannot be fooled with such legal nonsense about coming under BHRI for protection. The UN Charter gives us all the protection we need and not BHRI.
There are much more I intend to address in the coming days on Facebook but I must warn that anybody supporting BHRI is jeopardizing everything we are doing through Radio Biafra and Indigenous People of Biafra registered at the United Nations.
BHRI is working with politicians and supporters of the Boko Haram APC. We at Radio Biafra and Indigenous People of Biafra will deem it an act of sabotage to support any entity that has been infiltrated by our detractors and actively working to undermine the work we are doing.
Any person found supporting or contributing to BHRI will be deemed an enemy of the people and will be removed from this struggle. We are not in the business of messing about with Nigeria while our people are being killed and deported. That type of spineless, duplicitous and compromised freedom fighting is not for Radio Biafra and the Indigenous People of Biafra.
Bilie Human Rights Initiative cannot be trusted. Be warned!
Sometimes...I used to ask my self...why is it that Nigerians and their leaders..are taking us for granted??? killing our people as they like..as if we are chicken...yet nobody want to say anything about it..even our leaders who are supposed to speak for us, keep silent simple because of what they are gaining from the government of Nigeria... so my people, let us do our best and leave the rest to God.. because I believe that nothing is impossible to Him...

HEAR OUR CRY ..OH LORD AND LET OUR PRAYERS COME UNTO THEE...
GOD BLESS BIAFRA

COURT CASE UPDATE- 

JUSTICE MOORE NOT YET IN 

COURT AS NNAMDI 

KANU UNLIKELY TO APPEAR

COURT CASE UPDATE- JUSTICE MOORE NOT YET IN COURT AS NNAMDI KANU UNLIKELY TO APPEAR
As at 9:10am this morning, Justice Adume Moore is yet to be seen at the Appeal Court premises in Abuja as Lawyers and both local and international observers are seen within the court premises  discussing.

There is also a possibility that Nnamdi Kanu may not be appearing in court today. This is according to the information from Nnamdi Kanu's younger brother to Family Writers earlier this morning of which the reasons for such has not been made known. 
 
DETAINED IPOB LEADER GOES TO COURT TODAY:

Ibeh Gift Amarachi reporting
Good morning Biafrans and Lovers of Freedom,today been the 5th of May 2016,the detained IPOB Leader Citizen Nnamdi Kanu,will be arraigned in Court of Appeal Abuja. Following the adjournment on the 25th of April,the Bail appeal will be heared today. Stay tuned and Put as FAMILY WRITERS bring to you Live report from Court of Appeal Abuja.
 
BREAKING NEWS!!! Biafra: Appeal Court Finally Rules on Kanu’s Bail Application
25th May 2016
ABUJA—–The Court of Appeal sitting in Abuja, on Wednesday, dismissed the appeal that was lodged before it by the detained leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu.
Kanu and two other pro-Biafra agitators, David Nwawusi and Benjamin Madubugwu, had gone before the appellate court to challenge what they termed “strange procedure” adopted in their trial before the Federal High Court in Abuja.
The trio who are answering to a six-count treason charge the federal government preferred against them, in their consolidated appeal, alleged bias against trial Justice John Tsoho who not only declined to grant them bail, but also permitted the prosecution to shield the identity of eight witnesses billed to testify in the matter.
Justice Tsoho had equally rejected application praying him to discharge and acquit the three defendants in line with section 351(1) of the Administration of Criminal Justice Act, 2015.
Meantime, in a unanimous judgment on Wednesday, a three-man panel of Justices of the appellate court led by Justice Abdul Northerner, dismissed th defendants’ appeal as “grossly lacking in merit”.
The appellate court further declined to order the release of the defendants on bail on the premise that allegations against them are “grievous and serious”.
Justice Northerner who read the lead judgment, said it was not in doubt the 1st defendant, Kanu, has dual citizenship.
He said Kanu’s possession of both Nigerian and British passports increased the likelihood that he could jump bail if released from detention.
On the procedure adopted by the trial court, the appeal court panel maintained that Justice Tsoho had the discretion to decide how the proceeding should be conducted.“The lower court has the power to exercise its discretion on the matter and the exercise of such discretion by the trial judge did not amount to denial of fair hearing to the defendants.
“The issues are resolved against the appellants. Ruling of the trial court is hereby upheld”, the appellate court held.
Basically, Kanu and his co-defendants, through their lawyer Chief Chuks Muoma, SAN, argued before the appellate court that trial Justice Tsoho erred in law “when having refused the application for the witnesses of the prosecution to testified behind screens, or masked” on February 19, 2016, “suddenly varied the said order in the ruling delivered on March 7, 2016, on a mere oral application by the respondent”.
They maintained that the variation order was made on the basis of a mere oral application by the Director of Public Prosecution, DPP, Mohammed Diri, who had informed the trial court that witnesses scheduled to testify against the defendants said they would not appear unless they were allowed to wear masks or their identities shielded from both lawyers and people observing the proceeding.
“My lord this is because they are already receiving threats from associates of the defendants that they will be dealt with. The witnesses said they love their lives and requested that their identities be shielded from people who are coming to witness the proceeding”, Diri told the court.
He said DSS operatives also billed to testify in the matter, made similar request on the basis that they are investigating terrorism cases and would not want their identities exposed.
Following his application, Justice Tsoho gave an order permitting the witnesses to testify behind a screen, stressing that the decision did not amount to a variation of a previous ruling that prohibited the witnesses from appearing in mask.
The three defendants had earlier opposed FG’s application for secret trial, even as hey queried the propriety of the court allowing ”masquerades” to testify against them.
Though Justice Tsoho maintained that the subsequent order he made in respect of the trial was in tandem with his ruling on February 9 that rejected secret trial of the defendants, the defence lawyer, Muoma, SAN, yesterday, urged the appellate court to set aside “the revised order for the identities of the witnesses to be protected”.
Muoma, SAN, argued that the trial court had become functus-officio on the matter, having earlier ruled on the previous application by the prosecution.
It was his argument that FG ought to have appealed against the initial ruling instead of re-approaching the same court with a similar application.
He prayed the appellate court to direct the Chief Judge of the Federal High Court to transfer their case-file to another Judge for trial.
Nevertheless, FG, in a counter-affidavit it filed before the appellate court, sought the dismissal of the appeal which it said lacked merit.
The DPP argued that the March 7 order of the high court did not amount to a variation of the February 9 ruling.
FG insisted that Kanu and the others were never denied fair-hearing by Justice Tsoho to warrant re-assignment of the case-file to another Judge. It opposed their request to be released on bail.
Besides, FG accused the defendants of attempting to use frivolous interlocutory appeals to delay their trial.
‎‎Kanu who was hitherto the Director of Radio Biafra and Television, has been in detention since October 14, 2015, when he was arrested by security operatives upon his arrival to Nigeria from his base in the United Kingdom.
The defendants were alleged to have committed treasonable felony, an offence punishable under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria.
FG alleged that they were the ones managing the affairs of the IPOB which it described as “an unlawful society”.
Kanu was alleged to have illegally smuggled radio transmitters into Nigeria, which he used to disseminate “hate broadcasts”, encouraging the “secession of the Republic of Biafra”, from Nigeria.
The accused persons however pleaded not guilty to the charge on January 20, even as the court ordered their remand at Kuje prison in Abuja.  
 
 





                                         




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