Federal High Court in Abuja has ordered that pro-Biafra agitator Nnamdi Kanu and two of his associates be remanded in Kuje prison, Abuja.
Justice James Tsoho gave the order when Kanu, Benjamin Madubugwu and David Nwawuisi (a Field Maintenance engineer with MTN) were arraigned before him.
They were arraigned on a six-count of treasonable felony; running an unlawful organisation, plotting to levy war on the country, illegal possession of firearms and unlawful importation of a transmitter to run their illegal radio station – Radio Biafra.
They pleaded not guilty to the charges.
When the case was called, lead prosecution lawyer and Director of Public Prosecution of the Federation (DPPF) Muhammad Diri withdrew the charge of December 18, 2015, urging the court to allow the defendants plead to the December 23 charge.
He said the charge was accompanied by a list of exhibits, witnesses, case summary, proof of evidence of witnesses, and their written statements, affidavit of completion of investigation in the case and a letter of approval by the chief judge, for their arraignment before the Abuja division.
Shortly after Kanu and others pleaded to the charge, their lawyer, Chucks Muoma (SAN), applied that the defendants be remanded in prison custody, saying the prison authorities were neutral.
Muoma argued that the complainant should not be allowed to keep the accused, saying the prison would be a more appropriate and neutral custodian of the accused.
“The DSS cannot be a judge in its cause, cannot accuse and also detain the accused in its custody. The accused have been in DSS custody since October or thereabout. They have been held incommunicado for three months, without access to the world, lawyers or their families.
“They are not allowed to make phone calls to families. In the opinion of the DSS, the defendants are already condemned. That opinion negates the foundation of our criminal justice system that a man is presumed guilty until proved guilty. It is only the court that can declare a man guilty at the end of trial.
“Since the prosecution claimed investigations have been concluded, why seek to further keep them?” Muoma said.
He urged the court to remand the defendants in prison custody, as is the tradition once a person is arraigned.
The judge rejected the prosecution’s request that the three be remanded in the custody of the Department of State Services (DSS), where they have been since their arrest last October.
He ordered they be remanded in prison and adjourned to January 25 for hearing of their bail application.
No comments:
Post a Comment