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Court Jails Nnamdi Kanu For Life Over ENDSARS Protest, Army Couple Killing
https://osazuwaakonedo.news/court-jails-nnamdi-kanu-for-life-over-endsars-protest-army-couple-killing/
#Law #Biafra #Ihiala #Kanu #Lagos #Nnamdi ©November 21st, 2025 ®November 21, 2025 9:48 pm Justice James Omotosho of the Federal High Court sitting in Abuja, Nigeria Federal Capital Territory on Thursday convicted and sentenced Mazi Nnamdi Kanu to a passionate prison term of life imprisonment against the penalty of Death sentence he said he ought to have pronounced on the Biafra Republic agitation leader over the statements Mazi Nnamdi Kanu made on October 20, 2020 through Radio Biafra during the war like situation between the civilian population and Nigeria security operatives following series of reports that the Nigeria security operatives were shooting and killing innocent unarmed protesters, who were protesting against bad government and Police brutalities tagged Endsars protest, Justice Omotosho in his ruling, said, Nnamdi Kanu was responsible for the killing of 175 security operatives during the Endsars civil-military war like situation on October 20, 2020, and Justice Omotosho in his ruling, failed to state the numbers of civilians that were killed by Nigeria security operatives during the war like situation that apparently forced Nnamdi Kanu to start teaching the civilians on how to manufacture molotov cocktail also known as petrol bombs, urging them to go and meet welders to buy bullet proof doors from the welders to defend themselves and launched a retaliatory defensive attacks against the Nigeria security operatives who were accused of turning the peaceful protest into a barrage of gunfire, human rights violations and abuses, Justice Omotosho convicted Nnamdi Kanu on counts 4 and 5 over the Endsars protest and he described Nnamdi Kanu action during the violent-protest as an act of terrorism, on count one, Justice Omotosho convicted Nnamdi Kanu for an act of Preparatory to commit terrorism over statements made by Nnamdi Kanu in May 2021, Justice Omotosho in the ruling claimed and ruled that Nnamdi Kanu declared war against security operatives in the South East states without provocation, this statement by Justice Omotosho apparently made him looked like a biased person, because after Justice Omotosho read the entire seven count charge and convicted Nnamdi Kanu, Justice Omotosho thereafter recognized a media news report and broadcast of Nnamdi Kanu on April 25, 2021, wherein, Nnamdi Kanu vowed to avenge the killing of Ikonso, the then Head of Eastern Security Network, ESN, by a combined team of Nigeria security operatives led by the Nigerian Army under the command of former Chief of Army Staff, Late Lieutenant General Taoreed Lagbaja who was then the General Officer Commanding, G.O.C 82 Division, the Nigerian Army insisted in its report that Ikonso was killed during exchange of gunfire with the security operatives, but, Nnamdi Kanu rejected the claim and repeatedly stated that Ikonso was killed in his sleep and the killing was a pure case of assassination by the Federal Government of Nigeria as a way to weaken the people of South East states and denied them the ability to be able to establish the Eastern Security Network, ESN to defend themselves against Boko Haram terrorists and expansionist foreign Fulani invaders from different countries like Mali, Gambia, Senegal, Nigerien Republic and Chad that were advancing from the Northern part of Nigeria and cruising through the Middle belt states to South East, South West and South South States, for the record, killing of Ikonso by security operatives apparently marked the genesis of the full scale guerrilla war between the Biafra armed group and the Armed Forces of Nigeria including other Nigeria security operatives, Justice Omotosho also convicted Nnamdi Kanu for the creation of unlawful organisation over the establishment of ESN in a broadcast Nnamdi Kanu made in December 2020, stating that the ESN has been created to protect the people of South east against Boko Haram terrorists, after the ruling, Justice Omotosho stated that the Boko Haram terrorists among other terrorist groups are making people not to enjoy life in Nigeria, thereafter, the Prosecution lawyer, Adegboyega Awomolo told the court that in the last few days or weeks, Nigeria has been a season of victim upon victims of terrorism, Adegboyega's statement maybe inline with the current high rate of attacks by terrorists advancing from the Northern Nigeria to the Southern part, kidnapping and killing people like never before, that aside, Justice Omotosho also ruled that Nnamdi Kanu was responsible for the killing of Ahmed Gulak, the former presidential aide who was killed on May 30th, 2021 in Owerri on his way to the airport after conducting election primary, according to Justice Omotosho, Nnamdi Ka. #OsazuwaAkonedo
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0:00
Justice James Amatosho of the Federal High Court sitting in Abuja, Nigeria Federal Capital Territory on Thursday
0:07
convicted and sentenced Mazi Nami Kanu to a passionate prison term of life imprisonment against the penalty of
0:13
death sentence he said he ought to have pronounced on the Bafra Republic agitation leader over the statements
0:19
Mazi Nandi Kanu made on October 20th 2020 through radio Bafra during the
0:25
warlike situation between the civilian population and Nigeria security operatives following series of reports
0:32
that the Nigeria security operatives were shooting and killing innocent unarmed protesters who were protesting
0:38
against bad government and police brutalities tagged ends his protest. Justice Amatosho in his ruling said
0:45
Nambi Kanu was responsible for the killing of 175 security operatives
0:51
during the NSIS civil military warlike situation on October 20th, 2020. And
0:57
Justice Amatosho in his ruling failed to state the numbers of civilians that were killed by Nigeria security operatives
1:04
during the warlike situation that apparently forced Nambdi Kanu to start teaching the civilians on how to
1:11
manufacture Molotov cocktail, also known as petrol bombs, urging them to go and
1:16
meet welders to buy bulletproof doors from the welders to defend themselves and launched a retaliatory defensive
1:23
attacks against the Nigeria security operatives who were accused of turning the peaceful protest into a barrage of
1:30
gunfire, human rights violations and abuses. Justice Amatosho convicted
1:35
Nambdi Kanu on counts four and five over the NSIS protest and he described Nambi
1:41
Kanu action during the violent protest as an act of terrorism. On count one,
1:46
Justice Amatosho convicted Nambdi Kanu for an act of preparatory to commit terrorism over statements made by Nambdi
1:54
Kanu in May 2021. Justice Amatosho in the ruling claimed and ruled that Nambdi
2:00
Kanu declared war against security operatives in the southeast states without provocation. This statement by
2:07
justice apparently made him looked like a biased person because after justice
2:13
read the entire 7count charge and convicted Nambi Kanu, Justice Amatosho
2:18
thereafter recognized a media news report and broadcast of Nambi Kanu on
2:23
April 25th, 2021 wherein Nambi Kanu vowed to avenge the killing of ANOS, the
2:30
then head of Eastern Security Network ESN by a combined team of Nigerian
2:36
security operatives led by the Nigerian army under the command of former chief
2:41
of army staff laid lieutenant general tarried lagbarger who was then the general officer commanding GOC82
2:49
division. The Nigerian army insisted in its report that a conso was killed during exchange of gunfire with the
2:56
security operatives. But Nambdi Khan rejected the claim and repeatedly stated that Aconso was killed in his sleep and
3:03
the killing was a pure case of assassination by the federal government of Nigeria as a way to weaken the people
3:09
of southeast states and denied and the ability to be able to establish the eastern security network ESN to defend
3:16
themselves against Boohh Haram terrorists and expansionist foreign fani invaders from different countries like
3:23
Mali, Gambia, Sagal, Nigerian Republic and Chad that were advancing from the
3:28
northern part of Nigeria and cruising through the middle belt states to southeast southwest and south south
3:35
states for the record killing of a conso by security operatives apparently marked
3:40
the genesis of the full-scale guerilla war between the Bafra armed group and the armed forces of Nigeria including
3:47
other Nigeria security operatives justice also convicted Nambi Kanu for
3:53
the creation of unlawful organization over the establishment of ESN in a broadcast Nami Kanu made in December
4:00
2020 stating that the ESN has been created to protect the people of Southeast against Boo Haram terrorists.
4:08
After the ruling, Justice Amatosho stated that the Boohh Haram terrorists among other terrorist groups are making
4:15
people not to enjoy life in Nigeria. Thereafter the prosecution lawyer adding
4:20
boyagbaro told the court that in the last few days or weeks Nigeria has been
4:26
a season of victim upon victims of terrorism. Adding boyba's statement may be in line with the current high rate of
4:32
attacks by terrorists advancing from the northern Nigeria to the southern part kidnapping and killing people like never
4:39
before. That aside, Justice Amatosh also ruled that Nambdi Kanu was responsible
4:45
for the killing of Ahmed Gulak, the former presidential aid who was killed on May 30th, 2021 in a wary on his way
4:52
to the airport after conducting election primary. According to Justice Amatosho,
4:57
Nambi Kanu act of declaring sit at home to mark the 2021 Bafra heroes day led to
5:03
the killing of Ahmed Gulak. In addition, Justice Amatosha ruled that Nambdi Caru
5:08
is responsible for the killing and beheading of military couple, Master Warrant Officer, MWO, Aldu Minus,
5:16
retired, and private Gloria Matthew, who were on transit to Imo State for the traditional wedding on Saturday, April
5:23
30th, 2022 at Olu in Imo State, a time Nami Kanu had already been rearrested
5:30
from Kenya and detained as of June 2021 at the custody of the department of
5:35
state services almost a year plus before the military couple were caught and killed by gunman suspected to be bafro
5:42
armed group. For the purpose of clarity, Justice Amatosho attributed these events of killings to Nambdi Kanu apparently to
5:49
satisfy the basic requirements of the law in line with Nigeria criminal justice system that borders on terrorism
5:56
that Nambdi Kanu statements were not mere threats that indeed the statements
6:02
caused an impact in the society. This justice ruled and held that Nambdi Kanu
6:08
is responsible for the every Monday sit at home in the southeastern states of Nigeria even in the face of the fact
6:15
that the every Monday sit at home in the region began on August 9th, 2021 after
6:20
Nambdi Kanu was not seen in court following his rearrest from Kenya and people decided to enforce every Monday
6:27
as a sit- day in the southeast states of Nigeria to demand the unconditional
6:32
release of the rearrested and detained Bafra Republic agitation leader. Details of the major parts of justice ruling are
6:40
transcribed and presented verbatim below. Their rights to make sure it happens. In the broadcast of the 16th of
6:48
May 2021, also contained in the exhibit PWW, the defendant in the beginning of
6:54
the broadcast stated thus. My name is Mazi Namdi Kanu. I am the leader of
7:00
indigenous people of Bafraea IPOB and director of radio Bafra and Bafra
7:05
television. I will remain a loyal servant on the people of Bafrae. He further stated around 51 minutes mark
7:12
and I quote, "If God is on our side, which I know he is, the army of Nigeria
7:17
will die in Bafra land. Everybody will die. I will be the one leading it. By
7:23
God's grace, everything called Nigeria will perish in Bafra land. The world
7:29
must be prepared for what is to come. I want to let Katrina Lang and the British government to know that we have chosen
7:35
the path of death and people are dying every day. We have to develop the mindset of after this which even though
7:43
NATO is there will not. NATO is there we say that we are ready to die and
7:48
everyone that comes to kill us will die also because things will start happening
7:53
in the next 14 days. In the next two weeks, the slaughter will begin to happen. You see those CNN that have
8:01
refused to come to Bafrae. We'll come by force to see what is happening. We will
8:06
make sure that every Nigerian soldier on Bafra soil will die. God is my witness.
8:12
I will lead this barrier myself. Around 55 minutes mark to the exhibits. He
8:18
said, and I quote, I want the United government to understand that we are ready to die than be slaves. Quote, at
8:26
about 1 hour mark, he said, and I quote, Israel was named Palestinians by the
8:31
Romans because they were too stubborn. Go and ask how they did it. They bombed
8:36
them the Romans away, not these roadside bombs. Every road leading to Bafrae will
8:42
be manned landmines. Everything that is Nigeria, whether it is police, army will
8:47
blow till the kingdom come. The defendant also stated in that same broadcast, and I quote, "We are asking
8:54
for our freedom. They aren't listening. But when we start doing what we want,
9:00
the whole world will start begging us. And then I will come out from wherever I am and tell them that it's too late.
9:07
Throw away your phones. Remain in communicado as we are in the state of war. It will not kill you to do away
9:14
with your phones. All people should go into the bush and stop the advance of this army or else they will kill you.
9:21
These words spoken by the defendant in those broadcasts were not mere words as they bear heavy traces of threats to
9:28
harm people including international representatives representing their nation in Nigeria. The said broadcasts
9:35
were several in numbers and defendant kept repeating his rhetorics that people will die if Bafra is not created. The
9:42
defendant plan to commit the terrorist act did not only manifest in its broadcast, but was shown in a meeting he
9:48
had with other Igbo people in the United States at a World Congress Igbo Congress meeting held at the Four Points Hotel in
9:56
Los Angeles in the United States of America. As contained in exhibit PW,
10:02
the defendant, while speaking to the audience, stated, and I quote, "We must
10:07
not miss this golden opportunity. We are bound to suffer in this time to come.
10:12
You must come out to support what we are doing. We need guns and we need bullets.
10:17
I know we love life so much. Without it, House will overrun us. They have
10:23
succeeded in imposing oition on us. They are coming. Boo Haram is coming in
10:28
Igboland. A female participant stood up to ask the defendant of his objective as well as why means for weapons. The
10:36
defendant responded and I quote, "We now know that the best way to defend ourselves is to be armed because Booh
10:42
Haram is everywhere in Zoo called Nigeria. So we need guns and bullets and
10:48
those of you in America will give it to us. Also on the 22nd day of this month,
10:54
something will happen called the blood moon. Most of you don't know that just before the civil war there was blood
11:00
moon. There was blood moon in ' 67 and it only happens once in a while because
11:05
after this year we will be free. No matter what happened, if we don't get Bafrae, everyone will live to die. We
11:13
are not joking. His intention was quite clear. He believes only in violence as
11:19
the solution to the creation of Bafra as a nation. And at the said World Igbo
11:24
Congress, most of the participants were quite alarmed by the expressions as is planned. And so they kept asking if he
11:31
had considered the option of peaceful dialogue to which the defendant was adamant that only violence could lead to
11:37
the achievement of his aim. These threats of violence are nothing but terrorist acts which was duly carried
11:43
out by his followers. Followers as will be seen later in this judgment. The
11:49
defendant knew what he was doing while making these violent statements. He obviously had an objective which won the
11:56
face of it is political that is secession of the state of southeast
12:01
south south and some middle belt states from the federal republic of Nigeria to form Bafra. The defendant was also bent
12:08
on achieving his objective with the use of violence and he didn't mind if his own his own people die in that process.
12:16
As one of the crucial elements in establishing crime, the intention and the knowledge with which defendant
12:23
carried out the acts can be expressed by him if not so expressed by can be deduced from its conduct or activities
12:30
or other connected circumstances. Searide and Federal Republic of Nigeria.
12:36
From the uncontroverted evidence led by the prosecution, particularly the procast contained in exhibit PWW, it is
12:44
clear that the defendant committed acts preparatory to an importance of terrorist acts. The defendant had the
12:50
opportunity to explain but failed and deliberately refused to take that opportunity. Thus, he did not place any
12:57
evidence before this court to explain the contents of the contest of the said broadcast or any reason which may be
13:04
exculpatory in his favor. Having failed and deliberately refused to enter defense or give explanation, the court
13:11
will rely on the uncontroverted evidence of the prosecution. This court therefore holds that the prosecution has
13:17
established count one of the charge beyond reasonable doubts. Consequently,
13:23
the defendant is hereby convicted in respect of count one with respect to count one of the charge. The defendant
13:30
was charged with making a broadcast received and had in Nigeria with intent to intimidate the population, issue
13:36
deadly threats that anyone who that anyone who flout a to sit at home order should write his will. As a result of a
13:44
result of which banks, schools, markets, shopping malls, fuel stations, doicile
13:50
in the eastern states of Nigeria were not open for businesses, citizens and vehicular movements in the eastern state
13:57
of Nigeria were grounded. This offense is also punishable under section 12 of
14:02
the terrorism prevention act. The ingredients are similar as contained in count one except that the prosecution
14:09
must establish that the defendant indeed issue a threat to anyone who flouted his sit order in the southeastern state of
14:16
Nigeria. The evidence is led by the prosecution shows that the defendant issued a sit- order wherein he
14:23
threatened the residents of the southeast states from going out. He further threatened that any church,
14:29
markets, schools, banks or shops which opened will be destroyed. This was the
14:35
purpose of his broadcast of 30th day of May 2021 where he stated that he had an
14:41
announcement to make regarding the short stand of the entire southeast. He stated
14:46
exactly at 9 minutes 10 seconds in the broadcast contained in exhibit PWW DOS
14:52
and I quote, "Tomorrow being the 31st day of May, there is complete lockdown.
14:58
No church, no markets, and nobody should be seen outside tomorrow. I do not want
15:03
violence. I do not want anybody to resort to violence. I condemn it completely and totally. We do not want
15:11
to spit the blood of the innocent. Therefore, I am urging restraint across border. I am urging our people to honor
15:18
the memory of people who died. There will be no school, no church, market,
15:24
banks, car on the roads. There will be complete shutdown. If you want to be
15:29
alive, do not come out tomorrow. What I'm saying is that do not come out
15:34
tomorrow. If you value your life, there will be complete shutdown of Bafra land
15:40
tomorrow. Any community that allow vehicle to pass tomorrow will be in trouble. Anybody, anybody in any car or
15:47
lorry except in ambulance will be in trouble. I know some people are very foolish trying to open their shops
15:54
around 12. If you open that very shop, we will burn you inside it. Especially
16:00
Enugu, Umuhia, Abaculiki people. You are very stupid. Tomorrow we will show you.
16:07
This statement at first sounded peaceful and even seemed as if he was only persuading people to honor the memory of
16:13
some people. However, defendant in his typical aggressive way of speaking began
16:19
issuing threats to those who might not want to obey his order that might not want to obey his order. The people of
16:26
the southeast are Nigerians and I take judicial. Notice substantially are Christians who go to church and
16:32
merchants that are into trade. And there are children who were threatened again against going to church, their places of
16:38
business and schools. This court wonders if this can be said to be agitation for
16:43
self agitations. Unequivocally, I say no. The people of the southeast of Nigeria are entitled to
16:51
their right to personal liberty, freedom of movement under section 35 and section
16:56
41 of the constitution of the Federal Republic of Nigeria 1999 as amended. The
17:03
third session provides and I quote, "Every person shall be entitled to his personal liberty and no person shall be
17:10
deprived of such liberty save in the following cases and in accordance with the procedure permitted by law. A in
17:17
execution of the sentence and order of court in respect of criminal offense of which he has been found guilty. By
17:25
reason of his failure to comply with the order of court and in order to secure the fulfillment of any obligation
17:31
imposed upon him by law. C for the purpose of bringing in before a court in
17:36
execution of order of court or upon reasonable substitution of his having committed a criminal offense. D. In the
17:44
case of a person who has not attained the age of 18 years for the purpose of his education or welfare, he in the case
17:50
of person suffering from infectious or contagious disease, person of unsound mind, person addicted to drugs or
17:57
alcohol, vagrance for those or purpose of those care or treatment or protection of community. F for the purpose of
18:05
preventing the unlawful entry of any person to Nigeria or of affecting the expulsion, extradition or unlawful
18:12
removal from Nigeria of any person or the taking of proceedings relating there to provided that a person who is charged
18:18
with an offense and who has been detained in law in lawful custody awaiting trial shall not continue to be
18:25
kept in such detention for a period longer than the maximum period of imprisonment prescribed for him. Section
18:32
41 provides every citizen is entitled to move freely throughout Nigeria to reside
18:37
in any part therefore thereof and no citizens shall be expelled from Nigeria or refuse entry thereby or exit.
18:44
Therefore, they are also entitled. They are also entitled to their right to freedom of religion as expressed under
18:51
section 38 of the constitution of the Federal Republic Nigeria. The right to
18:56
personal liberty, movement, religion are complimentary of each other. Jealousy
19:02
guides these rights and their basic rights which enact to them as being human beings. These rights are so
19:08
fundamental. Kindly see my lord JCA has initiated on this in Okafo versus Lagos
19:15
state government and another citation. The people of the southeast cannot be ordered to sit at home by a person,
19:21
especially for someone who is not a legally recognized official of the federal government or an official of any
19:27
of the states. The only person entitled to restrict movements of person within
19:32
Nigeria is the president or the federal republic of Nigeria under emergency power under section 305 of the
19:40
constitution of the federal republic of Nigeria 1999 as amended. The president
19:45
can order for a curfew area where there is a crisis or natural disaster. The
19:51
defendant is not the president of the Federal Republic of Nigeria thus lacks any power to so declare a sit at home in
19:57
any part of the country. The defendant arrogated to himself power he lacks and
20:02
with the threat of violence order the residents of the southeastern state to stay at home or face the consequences of
20:08
the disobedience. This is an unconstitutional act which is subversive and amounts to nothing more than a
20:15
terrorist act. It is also a notorious fact that the people of Southeast have
20:20
been subjected to sit- threats on Mondays for years now. PW4 who stated
20:26
that he was stationed in the southeast especially in Imo state for some years
20:31
gave evidence that Monday sit at home is a usual occurrence wherein the town are deserted even the farmlands.
20:38
PW4 also gave evidence on the death of one Ahmed Gulak, a former aid to the
20:43
former president Good Luck Jonathan that the said Ahmed Gulak had been killed by
20:49
IPOB men in portion to the order of defendant. Ahmed Gulak was trying to
20:54
catch a flight out of a wary on the 30th day of May 2021 when he ran into a
20:59
checkpoint by IPOB and was shot dead. PW4 stated that he was one of those who
21:05
got to the scene first. It must be noted that 30th of May 2021 was a Sunday not a
21:12
Monday. But notwithstanding it leads to the death of a person trying to move around due to the directive of defender
21:18
as shown in exhibit. PWK is a medical report from the Nigerian police medical
21:25
services a wary. The report is dated the 18th of July 2021 and it states to whom
21:31
it consign medical report late Ahmed Gulak hospital number the victim
21:36
allegedly shot dead by hoodlams suspected to be IPOB ESN members on the
21:42
30th of October 2021 at about 7 hours along airport road AI picture of
21:49
lifeless man seen body of disease buried informations above medical reports duly
21:55
signed by the medical practitioner clearly states the immediate cause of the death of Ahmed Gulak and links him
22:01
to the defendant as leader of IPOB and ESN. The action of the defendant cannot
22:07
be excused under any circumstances. The declaration of a sit at home without any
22:12
constitutional power, especially the accompanied by the threat, is a terrorist act. The defendant did not
22:19
present any evidence to challenge report this case of the prosecution.
22:24
Consequently, he admits the evidence as presented by the prosecution. The prosecution has successfully proved canu
22:31
beyond reasonable doubt. Consequently, the defendant is hereby convicted of count two with respect to count three.
22:39
The defendant is charged with professing to be a member of and leader of indigenous people of Bafra IPOB, a
22:46
prescribed organization in which thereby committing an offense contrary to and punishable under section 16 of the
22:52
Terrorism Prevention Act 2013, section 16 of the Terrorism Prevention Acts and
22:58
Prevention Amendment Act provides, and I quote, "Any person who is a member or professes to be a member of terrorist
23:04
groups commits an offense and is liable on conviction to imprison ment for a time not less than 21 years. The
23:12
ingredients of the offense from the above provide provisions are one, the defender must be a person. Two, the
23:19
defender must be a member or professes to be a member of a terrorist group. Three, the terrorist group must have
23:26
been prescribed as at the time the defendant professes membership was tied as earlier established.
23:32
Second ingredients prosecution has led evidence showing that the defendant was not just a member but he was the leader
23:39
of a terrorist organization known as Indigenous People of Bafrea. Indeed, in
23:44
the broadcast of the 16th of May 2021, as contained in the ZBPWW,
23:50
the defendant in the beginning of the clip stated this, and I quote, "My name is Nami Kanu. I am the leader of
23:57
indigenous people of Bafra and director of radio Bafrae Bafra television. I will
24:03
remain a loyal servant of the people. He further stated around 51 minutes mark
24:09
into the video. If God is on our side, which I know he is, the army of Nigeria
24:14
will die in Bafra land. Everybody will die. I will be the one leading it. By
24:20
God's grace, everything called Nigeria will perish in Bafra land. the world
24:26
must be prepared for what is to come." In several other broadcasts, the
24:31
defendant admitted being the leader of indigenous people of Bafrae. There is no fact before this court showing the
24:38
defendant is not member and in fact leader of the said group. The defendant from the evidence before this court also
24:45
possessed power to order the coordinator of IPOB. In a broadcast dated the 11th of May
24:52
2021 in exhibit PWW, the defendant while commenting on the meeting of southern governor held in a
24:59
saba stated around 35 minutes to the exhibits while played and I quote concerning the lockdown announced
25:05
yesterday. I urge all people of Bafra and all those in Bafra land to disobey
25:10
the lockdown given by Zoological Republic of Nigeria. The reason is because they want to use the dead of the
25:17
night to move their fighters into our forest. Because we have defeated their foot soldiers, we must resist this
25:24
stupid lockdown and it will not hold in Bafra. I am calling on all the coordinator, deputy coordinator of ESN,
25:33
ESN and IPOB not to sleep in their houses today, but to look for somewhere else to stay because now we are in the
25:40
trenches. Now you will know what is freedom fighting for. It is not comfortable. It is not. It is not rosy.
25:48
Do not sleep at home. Do not sleep at home. Change your phone and even your
25:53
phone itself. The defendant no doubt belong to the group and is a leader of the group with the influence of
25:59
commanding the coordinators of the group. Not only IPOB but even Eastern Security Network which is the armed wing
26:06
of IPOB. In the broadcast of the 12th of December 2020, the defendant made an announcement
26:13
in inaugurating the military group known as Eastern Security Network, which is the armed wing of the indigenous people
26:19
of Bafra. He stated, and I quote, "We have cowards, fine line idiots. As
26:26
governors, they have given over our land to the January to occupy in perpetual perpetuity.
26:32
This very generation, this very IPOB will not tolerate it. Not now, not
26:38
tomorrow, not forever. We will rather all perish and die than to allow our land to be taken over by the Janowi.
26:46
This is a warning to all the governors who are conspiring due to one political consideration to give our land to
26:52
infidel and blood sucking demos from this town. I cannot, it cannot happen,
26:58
not under our watch. We are being told that some of these invaders come from Sagal, Gambia, Mali, from Nigerian
27:06
Republicans and from Chad according to governor of Katsina state. Therefore, we
27:11
are setting up the eastern security networks to combat the excesses of these vagabonds criminals from crossing along
27:18
the same line as a Moteken, the one set up by Metial Allah. What we are launching before the war today is
27:25
Eastern Security Network, not a Bafra army. And we will let the world know
27:30
when the army is too much too much. But for our present purposes, we are setting
27:36
it up to defend our land Bafra against marauders from the Sahil and the term incursion led by terrorists, fani
27:43
precise. In the coming days, you shall see them in their uniform performing the critical issue of providing security for
27:50
our land. The defendant, who was feasibly agitated, continue in the broadcast by stating, "No governor in
27:57
the southeast and south south have been able to form a security outfit. Therefore, I must defend our land to the
28:04
very last blood. We shall not stop, not now, not tomorrow, not forever, until
28:10
our land is get rid of vultures of this fani terrorist." In the third video
28:16
broadcast, there was a side video of the man of the Eastern Security Network dressed in black with red cap waving
28:22
black flag with insignia of Eastern Security Network. This is therefore no
28:27
doubt the prosecution has established the second ingredients beyond reasonable doubt. With respect to the third
28:34
ingredient, the evidence before this court shows that IPOB is a prescribed
28:39
group. I take judicial notice of session under session 122 of the evidence act of
28:45
the order made by my learned brother Nyako J in suit number FAC ABJCSA71
28:52
2017 between attorney general of the federation versus indigenous people of Bafra today dated sorry dated the 20th
29:00
of September 2017 wherein the activities of indigenous people of Bafra were
29:06
prescribed. He sent order crystallized which is the Federal Republic of Nigeria
29:11
official gazette number 99 in volume 104 dated the 20th of September 2017 titled
29:18
terrorism prevention order number terrorism prevention order of 2017 the
29:23
gazette rits and I quotes nothing is hereby given that by the order of federal high courts in suit number
29:30
FACABJCS87120 2017
29:35
dated the 20th of September December 2017. As per the schedule to this notice, the activities of indigenous
29:42
people of Bafrea are declared to be terrorist and illegal in any part of the country Nigeria, especially in the
29:48
southeast south south region of Nigeria as prescribed. Portion to session two of
29:53
the terrorism prevention act 2011 as amended. Two, consequently, the general
30:00
public is hereby warned that any person or group of persons participating in any manner, whatever, in any form of
30:06
activities involving or concerning the prosecution of the collective intention or otherwise of the said group will be
30:12
violating the provision of the terrorism prevention act 2011 as amended and liable to prosecution. The import of the
30:20
above is that beginning from the commencement date of the 20th of September 2017, any person claiming to
30:27
be a member of IPOB commits a terrorist act. The defendant by his broadcast of
30:33
the 11th of May 2020, the 12th of December 2020 professed to be a member
30:38
of prescribed group. Thus is the breach of session 161 of the terrorism
30:44
prevention amendment act 2013. consequently is hereby convicted of count three. On count four and five,
30:52
which are closely related, the defendant is charged with inciting members of the public in Nigeria to halt and kill
30:58
Nigeria security personnel and their family members, thereby committing offense under section 1 sub2h of the
31:05
terrorism prevention amendment act 2013. The session provides as follows. any
31:11
person of any person of body corporate who knowingly or outside Nigeria direct or indirectly willingly in sight,
31:18
promises or induces any other person by any means whatsoever to commit the act of terrorism or any of the offenses
31:25
referred to in the acts commits an offense under the act and is liable to conviction to maximum of death sentence.
31:32
The ingredients of the offense which the prosecution must establish beyond reasonable doubt. One, the defendant
31:39
must be person of body corporate. Two, the defendant must have directly or
31:44
indirectly incites, promise or induced other person by any means whatsoever to
31:49
commit the consent terrorism act. Three, the defendant must have directly or
31:55
indirectly incited, promised or induced other persons by any means whatsoever to
32:00
commit the terrorist act willingly or knowingly. The defendant have been established to be a human being by the
32:07
prosecution. For the second ingredient, it is important to understand what incitement means. And according to
32:13
Supreme Court by Nikki to DSSE of blessed memory, the incaser and the state citations applied hold and I quote
32:21
an encouragement here means an art of making someone to feel brave or confident enough to do something by
32:27
giving active approval in support of the crime. Incitement also have the element
32:32
of encouragement by incitement. The person is provoked by a strong passion or feeling to commit an offense. The
32:40
word set is a word of the word of quite a number of synonyms. The two words set
32:45
on conotes the resemblance of casing to attack or chase like one maybe say the
32:50
future man prepare the bait to set on the fish. It also adds the element of
32:56
antagonism and instigation. The art of instigating means something happened by the actions or conduct of a person who
33:03
is the starter. By the act of instigation, the co-acused is prepared or gingered to commit an offense.
33:10
Likewise, the online Oxford dictionary defines its incitements as follows. The
33:16
action of provoking unlawful behavior, urging someone to behave unlawfully. The
33:22
Cambridge dictionary also defines incitements as follows, and I quote, "The art of encouraging someone to do or
33:28
to feel something unpleasant or violent." Drawing from the above definitions, the incitements involve
33:35
provoking or instigating people to do an unlawful act in their instant terrorist acts. The prosecution has led evidence
33:42
showing that the defendant made broadcasts inciting public to take up arms against the security personnel in
33:48
Nigeria to kill them and their family members. The broadcast of 21st day of
33:54
October 2020 is contained in the PWW. the defendant said, and I quote, "Radio
34:00
Bafra is now in the hand of the enemy of our freedom. I don't know how much they
34:05
paid for it, but I know that Britain spent over 4.8 billion a few days ago to
34:11
suppress what is happening." That is what they have done. I told you a while back that Britain was now in charge of
34:18
what is happening in the zoo. And you thought that I was joking. They have now come with their clampdown, but they are
34:25
now going. They are not going to succeed. Radio Bafra belong to us. But
34:31
why is it not playing out our program right now? The defendant also stated, I
34:36
am telling you people to go to the bush. Whenever you see a military convoy, you
34:41
attack them. Whenever you see a police convoy, attack them. They are human
34:46
beings. And they also beat any person with a police uniform or any army. Any
34:52
army uniform is an enemy of the people. quote around 57 minutes to this video
34:58
mark the defender stated and I quote they came to Tonubu it is surprised that
35:04
after British high commissioner came to Tonubu they opened fire on protesters in Lagos you should know that the woman is
35:12
a devil a big big devil she too will go we get a common pence the defendant was
35:18
referring to Katrina Lang the British high commissioner at that time the defendant also said from what will
35:25
happen in ABBA between today and tomorrow we tell you how serious we are. Every police officer with uniform once
35:32
you come out from your house with police uniform you a dead man. Working callers
35:38
were calling in from from places like Abba like Tolgates and other parts of Lagos, Abadan, Abuja, Jos Harvey estate.
35:47
Even one Jacob called from Nasarawa state and the defendant kept giving orders for these callers and other
35:54
listeners to kill every police and soldiers. The defendant even told the people how to build an improvised bombs.
36:01
He asked them to go to filling station to get fuel in a bottle and put a rag in it. Then they should set the rag at
36:08
ablaze and throw it at soldiers. In responding to a caller call from Abuja
36:13
in that same broadcast of the 20th of October 2021, the defendant while
36:19
inciting his listener to attack the relative of security personnel stated and I quote that every commander they
36:26
have given his name feeds. Find his children. I want to get him in trouble.
36:31
When they take me to court and ask why I said such thing, I will tell them why.
36:37
Find the commander. His name is Ifu. You matter. find his children. Find his
36:42
children. The commander of those on the ground find their children. Very, very important. Find their children.
36:51
This defendant went further that, and I quote, start attacking the police. Take
36:56
the guns, use them against them, manufacture Molotov cocktail, manufacture bombs to bomb them,"
37:03
unquote. The defendant asked about 2 hours 44 minutes 35 second mark while
37:10
concurring with a caller who informed him of the intention of him other IPOB members to burn down the Ezima police
37:17
station stated not only one I want every police station in Abba to be destroyed
37:23
completely destroyed and burn them down. It is an order destroying them completely. Anybody who see them with
37:30
police uniform, kill the person. Nigeria wants anarchy. We will give them. And in
37:36
another broadcast, the defendant while responding to a caller stated this. You
37:42
people must devise strategy to outfit the army. There are some guns in those states right now as we speak. Use those
37:49
guns to kill one or two of their army officers. Take the guns and begin to kill other people as well. Begin because
37:57
they cannot sustain this protest for 3 years, 3 weeks. There are guns in Edeto
38:03
states already. Kill the army whenever you see them. Take the guns and kill
38:08
them. The incitement of the defendant for the public to kill security personnel is quite clear from its big
38:14
blockers. Not only incitement to kill security offices. The defendant even
38:20
went as far as inciting the public to destroy all properties of federal government. During the NC's protest of
38:27
the 20th of October 2020, the defendant in another live dated the 20th of
38:32
October 2020. The defendant while responding to calls from his foot soldier during the protest stated, and I
38:39
quote, "If you leave the Janui and their agents the way they operate, if you leave them, believe you will, you
38:45
believe me, you will suffer." That very hotel must be brought down. I did not
38:51
say set ablaze. It must be demolished as an example to the rest. If you have not
38:57
dealt with Tonubu in Lagos, the other will not learn their lesson. Tanubu is
39:03
an evil man. The hotel refers here to his oriental hotel in Lagos, which the
39:08
defendant alleged belonged to Tonubu. While responding to a caller, the defendant urged his callers to ambush
39:15
forces during the protest and cut them off. He said, and I quote, "Go to the
39:20
bush. You need to cut them off from the back. Ambush them. Take the guns from them and kill them. They are animals and
39:28
not human beings. They may be wearing uniforms like police or soldier, but they are animals. Disarm them and kill
39:36
them. If you allow them to escape, your life is over. And I want Lagos airports
39:41
to be on flame, breach the perimeter fence and burn down the Lagos airport.
39:46
If you have double barrel or pistol, go to the airport and burn it down, said
39:52
Muratala Muhammad airport on fire. Set it ablaze right now. You are dealing
39:57
with animals. Fani Janji, they do not reason, unquote. It is important to
40:03
state that the said hotels and Matala Muhammad airport and other property in Lagos. They are not in the north. They
40:10
are not in the north where it seemed to hate with passion. Even his own fellow Igbo's people have property in Lagos
40:18
with destroying the property is said to be agitation for self-determinations.
40:23
The threats and destruction which follow were corroborated in exhibit PWD2 which
40:28
is a pictorial picture of the assessment of damage done to the Nigerian police alone in the state of southern states.
40:35
So many of these police stations and even police officers were killed as a result of the incitement by the
40:41
defendant. Also exhibit PWD2A which is a compilation of death reports and
40:47
certificate of death of security officers. In the report the number of police officers who were killed was
40:53
given as 128 military officers were 37 other security officers as 10 number of
41:01
police stations attacked were 164. and neck facilities destroyed were nine in
41:06
number. This clearly shows the extent of damage caused by the defendant. Through
41:12
his inciting statements, another caller called in into the program informing the
41:17
defendant that he was at a shoddia expressway and that they are killing them. The defendant annoyed by this
41:23
information stated for and I quote, "How many police or army did you kill? I
41:29
don't want to hear that they are killing you. How many did you kill?" The caller then responded that they have bombed the
41:35
Aurel police station and the Lassa police station. The defendant then told the caller not to wave the green white
41:42
green flag of Nigeria but a bloodstained flag with the color green white. He
41:48
further responded to another caller by saying what I want him to do is to set a blaze building a long marina on fire.
41:55
Every federal government property in Lagos should be burnt. That is what is going to be signal to the world that
42:01
people have had enough. I want every federal government building in Lagos will be on fire. Every federal
42:08
government vehicle or anything belonging to federal government, burn it. Go to the Matala Muhammad airport. Burn it.
42:15
How many soldiers do they have? Manufacture your own weapons and ambush them. The result of this incitement is
42:22
the killing of several military offices, police officers, DSS offices. The
42:28
incitements also led to the destruction of several police stations in Lagos across the southern states of Nigeria.
42:35
According to PW5, he led a team of officers to investigate the destruction
42:40
and killing of the security personnel that occurred during the NSIS protest of the 20th of October 2020. As contained
42:48
in NDBPWD2 and PWD2K,
42:54
the results were quite alarming. The court is mindful not to attribute all the happening during the NSE's protest
43:00
on the defendant. However, there is no doubt that the incitement by the defendant contributed largely to the
43:07
killing of security operatives as well as destruction of public properties. The
43:12
defendant incited people to destroy properties such as the Alasa police station, other police stations and
43:18
properties of this government. The evidence before this court shows that the said properties were actually
43:24
destroyed such as Alasa police station, the High Court of Lagos in Igbo as well as PRT buses belonging to Lagos State
43:32
Government in Oingbo. PW2 also testified that military couples were killed by
43:37
those incited by the defendant in Olu in Imo state. In addition, PW4 stated that
43:44
his driver and one of his tactical officers were killed as a result of the incitements. The action of the defendant
43:51
were clear as it was aimed to cause anarchy by killing security operatives in Nigeria which would in turn lead to
43:57
breakdown of law and order. the defendants act and of an evil intention to havoc create wreck sorry to create to
44:06
wreck havoc on the people and government of Nigeria are all these actions consistent with agitation for
44:12
self-determinations the actions to this sorry the answer to this is in negative his violent
44:20
outbursts as well as his instigations of the public to attack and kill security offices in southern Nigeria without
44:26
provocation was done barbaric and without any conscience whatsoever. The defendant did not feel any concern for
44:34
the family of the officers who were strained. He turned himself to a tyrant who could take life anytime he pleased.
44:42
Such persons cannot be allowed to remain in society of sane minds. His shocking
44:47
instigations to kill other human being was incomprehensible and these court hereby condemn it. But I must say that
44:54
evidence extracted in this judgment is minute and very small to the avalanche of evidence and broadcast before these
45:01
courts by the defendant. The defendant made extremely threatening statements incited people to violence. The
45:08
prosecution unsuccessfully discharged his body of proof in counts four and five beyond reasonable doubt.
45:15
Consequently, the defendant is hereby convicted of the set count four five.
45:20
Now, count six. For count six, the defendant charged with the offense of making a broadcast received and heard in
45:27
Nigeria within the jurist of this court in furtherance of an art of terrorism against the Federal Republic of Nigeria
45:34
and the people of Nigeria in which he directed members of the indigenous peoples of Bafrea, a prescribed
45:40
organization to manufacture bombs, thereby committing an offense punishable under section 1 2F of the Terrorism
45:47
Prevention Amendment Act 2013. Section 1 2F of the Terrorism Prevention
45:53
Act 2013 provides a person or body corporate who knowfully, knowingly in or
45:58
outside Nigeria, directly or indirectly willingly assists, felicitates,
46:03
organizes or directs the activities of person organization engaged in any act
46:09
of terrorism. The ingredients of the offense expected to be established are one, the defendant must be a person or
46:16
body corporate. Two, the defendant must have assisted, facilitated, organized,
46:22
or directed the activities of person or organization engaged in terrorist activities.
46:28
Three, the defender must have willingfully or willingly assisted, facilitated, organized or directed the
46:35
activities of persons organization engaging terrorist acts. The defendants
46:40
herein have been established to be a human being. As to the second and third ingredient, the defendant. The
46:47
prosecution has led evidence to show that defendant has directed membership of the terrorist organization to build
46:54
bombs, other explosives in order to attack security operatives. Indeed, in full dance of its terrorist actions and
47:00
following the incitement of person to kill defendant security operative, the defendant also directed his members to
47:07
build explosive devices, particularly Molotov cocktail about 130th of a minute
47:13
36 seconds of the broadcast of the 20th of October 2020 as contained in exhibit
47:19
PW. The defendant while responding to a caller about N's protest stated and I
47:26
quote, "Now this night, I want graduates to go to work. Graduates of chemical
47:31
engineering, those who were born as engineers, manufacture any ordinance you
47:36
can because they are coming to kill you anyway, regardless of what you do. Go and manufacture any ordinance. I am
47:43
calling on the youth in the middle belt and I want any bridge that they can use to reinforce to be destroyed. They are
47:50
going to come from the middle belt this night. We have engineers everywhere. People who are intelligent. Go back now
47:57
and give us your own version of Molotov cocktail. We must destroy them before
48:02
they destroy us. Every youth tonight, tonight, anybody with a police uniform
48:08
anywhere, especially in ABBA, in Lagos. Once you have police uniform or any or
48:14
any army uniform, that person is your enemy. attack them because if you don't
48:19
they will kill you. If you are a graduate of physics or chemistry, no sleep for you tonight. Go and
48:26
manufacture something to destroy the police and every army police position starting from this night. During the
48:34
said broadcast while responding to a caller named Jacob from Nasraawa state,
48:39
the defendant even told the people how to build an improvised bomb. He asked them to go to filling station to get
48:46
fuel in a bottle, put a rag in it that then they should set the rag ablaze and throw it at a soldier. A Molotov
48:52
cocktail, according to Wikipedia.com, that I assess at 1:00 a.m. on the 20th of November, 2025, a handdrawn
49:00
incendiary weapon consisting of a fragile container filled with flammable substances equipped with a fuse in use.
49:07
The fuse attached to the container is lit and the weapon is thrown scattering on impact. The online Britannica
49:14
dictionary defined Molotov's cocktail as a crude bomb typically consisting of bottle filled with inflammable liquids
49:20
and a wick that is ignited before throwing. Applying the above definition,
49:25
the directive of the defendant to members of the group to build improvised bombs such as Molotov's cocktail is
49:31
indeed a terrorist act. A Molotov cocktail is capable of causing explosions damaged like any other bombs
49:38
which aim is to cause destruction. This directive like all that directive is the
49:44
manifestation of anarchy-minded of the sorry of the anarchy-minded of the defendant which he set out to express
49:51
through his Bafra radio which he claimed to be the founder and director. The
49:56
defendant through the radio Bafra platform carried out so many terrorist attacks which led to the destruction of
50:02
lives and property in Nigeria. The defendant is not only confirmed to local
50:08
terrorists, but I hold without hesitation that he is an international terrorist flowing from his threat to
50:13
attack British High Commission and American Embassy as well as his incitement against the British High
50:19
Commissioner to Nigeria at the time, Katrina Lang, a known woman of peace. In
50:24
a broadcast of the 21st of October 2020, the defender stated thus, and I quote,
50:30
"Radio Bafra is now in the hand of the enemy of our freedom. I don't know how
50:36
much they paid for it, but I know that Britain spent about 4.8 billion a few
50:41
days ago to suppress what is happening. That is what they have done." I told you
50:46
a while back that Britain was now in charge of what is happening in the zoo. And you thought that it was joke. They
50:53
have now come with their clamp down, but they are not going to succeed. Radio Bafra belonged to us. But why is it not
51:01
playing our program right now? The defendant also stated, "I am telling you
51:06
people to go to the bush. Wherever you see a military convoy, you attack them.
51:12
Whenever you see a police convoy, attack them. They are human beings and they are
51:17
they also bleed. Any person with a police uniform or any army uniform is
51:22
your enemy. Around 57 minutes mark into that the defendant directed his threat
51:27
at Katrina Lang, the British high commissioner. He stated and I quote, "They came to Tanubu. It is a surprise
51:35
that after the British commissioner came to Tonubu, they opened fire on protesters in Lagos. You should not be
51:42
shocked. The woman is dead. Is Demir a big pig? Demon. Demon. 1 hour 8 minutes
51:48
335 second mark. The defendant also stated and I quote this the same thing that
51:54
Britain did to Ria in what they are doing to us now. Media blackout. Do you want the world to report this issue?
52:02
Take over the British High Commission. That is all. Take over the consulate in Lagos. Take over the one in Abuja. Every
52:10
newspaper in the world will report it in the morning. If you march on the British High Commissioner Commission in morning
52:17
front pages in the world will carry it and the world will ask why is British
52:22
British Commission in Abuja and Lagos under occupation by Nigerian youth. Then
52:27
it is over. I'm giving you a master strategy of how things should be done in a formation of three lines. There is
52:35
something I want you to do. I'm announcing it on air so you understand. People should go to every weather shop.
52:42
You know those who build bullets proof door. I don't care how much it costs. We
52:48
will pay. Everybody who is a weather who builds bulletproof people should take those doors and put nails in front of
52:54
them and stand in front of protesters so that bullets cannot go through. Push the
53:00
door, get the weapons and deal with them. When you are marching to the British High Commissioner Commission
53:05
tomorrow, form three lines. They will have the army surrounding them. They
53:11
will send a cable to London that British High Commission in Lagos is under attack. They will be forced to release
53:17
it. Then the whole world will know that a revolution is going on. Without that,
53:23
you cannot succeed." Even recently in this courtroom on the 7th day of November 2025, when the
53:31
matter came up before this court, the court wondered the kind of malice and hatred which the defendant had for
53:36
Britain. I will produce same part of the proceedings of that day here too.
53:42
Defendant, he says there are issues at play which my lord has not able to overcome, which even the prosecution has
53:49
not even attempted to overcome. My lord, are you asking me to go into the doors
53:54
to defend myself on a non-existent law? If you can state that for the record, my
54:00
lord, I will be most grateful that you are going to try me or ask me to enter my defense where no law exists. Because
54:08
if that is the position, my lord, that means that the outcome of my trial is predetermined. A man of my my stats, my
54:18
station and caliber cannot be tried without any valid law. It is impossible,
54:23
my lord. I will tell you why this was the case. This very case is bigger than
54:28
this court. The cause of the case of mine started in 1957 when some brave men
54:34
and women in this very country dared to ask the British to live. The funniest thing is that all of them that very
54:41
effort they all went to jail and were killed court. I'm learning this now.
54:46
Then asked the British to leave defendant. Yes. In 1957,
54:52
drive Anthonyo moved a motion at the house in Lagos asking the white men to
54:57
go and leave us alone. From that day, trouble started even before then the
55:02
like of Harbert McCauley was jailed. Honorable honorable men that fought for
55:07
the indignity of the black race because they want me convicted. They told me so.
55:13
Absolutely, my lord. Absolutely. 100% they told me. They said, "I will come to
55:20
court to see to hear your case." When prosecutions open their case, when you
55:26
start your crossexamination, when you refuse your no case submission, I am telling you what happened a year
55:32
and a half ago. When you file your no case submission and is rejected, you will not go into trial. You will be
55:40
there during the verdict. You will be there during convictions. The court now responded, "Let me just clarify this. It
55:48
is also on record you said that the British said that one year and a half ago that I was not the one presiding
55:53
here. I want to say this that I know my brother too that was assertain it will
55:59
not get into that level of having anything to do anything because the way you are putting it. I want to say this I
56:06
do not have any relationship with the British. I have come here to do justice.
56:11
I reiterate, can you commence your defense so that if you commence today, I can extend time for you because your
56:17
time has ended today for the US embassy, it will have been attacked if not for the closure as a result of the protest.
56:24
The defendant at about 2:22 2 hours 24 minutes 50 seconds mark of the video of
56:30
21st day of October 2020 broadcast in LGBTW
56:35
stated, "American embassy is shut down. Why won't they shut down? People are
56:41
protesting. This statement regarding the embassy of United States of America is quite loaded. The statement could mean
56:49
several things, none which are palatable or peaceful. What exactly does the defendant mean by the American embassy
56:56
is shut down? Was he trying to attack the embassy if it has not shut down as a
57:01
result of protest or incite order to do same as he did in British embassy? The
57:06
inference to be drawn from the statement is that the defendant meant to do harm to the embassy of United States by
57:12
attacking or invading the embassy. Under international law, the premises of an
57:17
embassy or high commission of a foreign nation is deemed invaluable. That means that even though the land belongs to
57:24
host country, it cannot invade such premises. See article 22 of Vienna
57:30
Convention on Diplomatic Relationship. Article 22 of Vienna Convention on
57:35
Diplomatic Relations 1961. It provides the premises of missions
57:40
shall be invaluable. The agent of the receiving state may not enter them except with the consent of the head of
57:46
the omission. Two, the receiving state is under special duty to take all
57:52
appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any
57:58
disturbance of the peace of the mission or impairment of its dignity. Three, the
58:03
premises of the mission, their furnishings and other properties therein and the means of transport or the
58:08
mission shall be immune from searched acquisitions, attachment or execution.
58:13
From the above, it can be said that defendant incited for people to invade. British High Commission and his threat
58:20
against British High Commissioner Katrina and American Embassy is an act of international terrorism. This is the
58:27
purpose of session three of the terrorism prevention amendment act 2013 which provides and I quote any person
58:34
who intentionally murder kidnap commits other attacks on persons or liberty of an international protected persons b
58:42
carries out violent attack on official premises private accommodation or means of transport of an international
58:49
protected person in a manner likely to endanger his person or liberty. C
58:54
threatening to commit any such attack, commit an offense and is liable on conviction to life imprisonment. The
59:01
high commissioner is an international protected person being the representative of the British government
59:06
in Nigeria as well as other staff of high commission and embassy of United States of America leaving the defendant
59:13
to continue his terrorist activity who have led to an international incident involving Nigeria and other foreign
59:19
nations who are good partners with Nigeria. The question to ask again is whether bombing or attacking embassies
59:26
of high commissions constitutes an act consistent with agitation for self-determination.
59:32
Again, the answer is no. All these acts goes to show that the criminal tendency of the defendant as well as show
59:38
concrete proof of his terrorist acts. Therefore, I hold without hesitation
59:44
that the prosecution has successfully established count six against the defendant. Consequently, he is hereby
59:51
convicted of count six of the charge with respect to concern of the charge. The defendant is charged with importing
59:58
into Nigeria and keeping in Oabulu in Iala local government of Anra state within jurisdiction of this honorable
1:00:04
court a radio transmitter known as Tram 5 Tram 50. concealed in a container of
1:00:10
used household items which he declared as used household items, thereby committing an offense contrary to
1:00:17
section 472A of custom and excise management at CAP C45 laws of the
1:00:23
federation of Nigeria 2004. The dispute as to which law provides for
1:00:28
the offense in count 7 has been conclusively decided by the Supreme Court in case of Federal Republic of
1:00:34
Nigeria versus Carno Chopra whereby Lord ML Gamma JSE while reading the League
1:00:41
judgment held and I quote a calm reading of the details of the fact stated as constituting the offense mentioned or
1:00:48
named therein would clearly and undoubtedly review that it deals with the offense punishable under the
1:00:53
provision of section 472 of the custom Excise and Management Act CAP C45 Laws
1:00:59
of Federation of Nigeria 2004 which provides as follows. 472.
1:01:05
If a person imports or causes to be imported any goods conceived in a container holding goods of different
1:01:11
descriptions shall be sentenced to imprisonment for 5 years without the option of fine. It follows in the above
1:01:19
circumstances that the mention of the criminal court act has been chapter C45 or chapter C45 in laws of federation of
1:01:27
Nigeria 2004 is a mere mistake in place of correct law. The customs and excise
1:01:33
management acts under which the facts alleged to constitute an offense in count 15 is punished and punishable. The
1:01:40
offense in count 15 is consequently recognized, recognizable and grounded in
1:01:46
an extent existing law in Nigeria in which it was defined and described unquote. Thus, the court will follow the
1:01:53
decision of the Supreme Court and decide count 7 based on section 47 of the
1:01:58
Custom and Excise Management Act. The ingredients of the offense of the defendant must have imported or caused
1:02:05
to be imported goods concealed in a container. Two, the imported the
1:02:10
imported concealed goods must have been of a different descriptions. The evidence led by the prosecution through
1:02:17
PW4 is that the defendant imported into Nigeria a radio transmitter known as
1:02:23
tram 550L concealed in container which contained used household items which he described
1:02:30
as such. PW4 stated that indeed the department of state service had tracked
1:02:35
the transformer transmitter of radio Bafrae to a compound in Ubulis in Ihiala
1:02:41
local government of Anamra state belonging to one Benjamin Madigulu. The officer secured a search warrant exhibit
1:02:48
PWT and proceeded to the compound where they recovered the container. Parallel
1:02:53
to going to the scene, PW4 testified that he watched a video of the defendant
1:02:58
inspecting the container and the transmitter with Benjamin Madagulu. The court visited where the container was
1:03:04
kept in the custody of the DSS and same was admitted in evidence in the presence of defendant as exhibit and it did not
1:03:11
object to same. The container itself contains several household items which
1:03:16
appear to be covered for the transmitter concealed in it. The projection has led evidence to show that the transmitter
1:03:23
was smuggled into the country without same being declared to custom. The surrounding facts also show that the
1:03:29
purpose for which the defendant intend to use the transmitter was to broadcast program on radio BAFA and this make it
1:03:36
concealed the transmitter. There is also no evidence that Radio Bafra is registered with Nigeria Broadcasting
1:03:43
Commission as stated by PW4. Thus it is safe to conclude that the concealment of transmitter is in fund
1:03:50
raise of the legal operation of radio bafra by the defendant. The defendant as
1:03:55
a consequence of resting his case on the prosecution did not call any witness to report the evidence of the prosecution.
1:04:02
Neither did he lead any evidence to counter the evidence of the prosecution execution. There is no evidence before
1:04:09
this court stating the transmitter was locally imported into Nigeria. The defendant had the duty to present
1:04:16
evidence and fight to report the allegation made against him, but he failed and deliberately failed, refused
1:04:22
to do same. The court is therefore bound to believe the evidence of the prosecution.
1:04:28
Consequently, the courts hereby convict the defendant of count seven of the charge. I must say here that defendant
1:04:35
has always claimed to be a freedom fighter. He is only seeking justice for his people. Indeed, this is known in law
1:04:43
as the right to self-determinations. The right to self-determination is a political right recognized in several
1:04:50
international instruments. Article one of the international convention of civil and political rights 1966 provides and I
1:04:58
quote, "All people have the right of self-determination. By virtue of that right, they freely
1:05:04
determine the political status and freely pursue their economic, social, and cultural developments. The right to
1:05:11
self-determination also entails the right of a group of people to form their political entity or their own
1:05:17
government. Article 20 of the African Charter on Women and People's Rights also provides, and I quote, "All people
1:05:24
shall have the right to assistance. They shall have the unquestionable and inalienable rights to
1:05:30
self-determination. They shall freely determine their political status and shall pursue their
1:05:35
economic and social development according to the policy they have freely chosen. Two, colonized or oppressed
1:05:43
people shall have the right to free themselves from the bond of domination by resorting to any means recognized by
1:05:49
the international community. Three, all people shall have the right to the assistance of the state parties to the
1:05:56
present charter in their liberation struggle against foreign domination be it political, economy or cultural.
1:06:03
Nigeria has dominated the African charter which is known as the African charter on women and people's rights.
1:06:10
Ratification and enforcement rights which means the provision of the charter are enforceable in Nigeria provided they
1:06:17
do not conflict with the clear provision of the constitution of the federal republic of Nigeria 1999 as amended.
1:06:25
Section 21 of the constitution of the federal republic of Nigeria 1999 as
1:06:31
amended makes it clear that Nigeria is an indivisible state which means there is no room for divisions. The said
1:06:38
session provides and I quote Nigeria is one indivisible indissoluble sovereign
1:06:43
state to be known by the name Federal Republic of Nigeria. This means that any
1:06:48
agitating anyone agitating for a breakup of the Federation of Nigeria is going
1:06:54
against the constitution. However, any person agitating for self-determination
1:06:59
can do so through the National Assembly seeking for amendments of the constitution regarding the
1:07:05
indivisibility of Nigeria and to reflect the recognition condition of the agitating states. It is after this that
1:07:12
the procedure can be said to be completed but not excluding referendum. Any self-determination not done in
1:07:19
accordance with the constitution and laws of the country will be illegal. The defendant is not only agitating for
1:07:26
secession of the state of the southeast, south south and some middleb belt
1:07:31
states, he's doing so using terrorism as a weapon. Terrorism has become a muster
1:07:36
in the world today and several groups have continued to use this weapon to form separate governments in Nigeria.
1:07:43
Groups like Boohh Haram, Lacuroa, IPOB have in recent years troubled Nigeria
1:07:49
with terrorist activities. This terror group by their activities has denied innocent people the enjoyment of their
1:07:56
fundamental rights. The action of the defendant and his terrorist organization have led to the bloodshed of innocent
1:08:03
citizens as well as security personnel who were going about their legitimate duty. His incitement through the
1:08:10
broadcast on radio Bafra as well as the social media platform of the group has led to the destruction of lives and
1:08:16
property as well as affect the daily life of his people of southeast. The defendant did not only threaten the
1:08:23
government of Nigeria but his own people. This is seen in a broadcast while addressing the death of one of the
1:08:30
commander of IPOB named Aono. The defendant on 25th day of April 2021 made
1:08:37
a broadcast where he stated and I quote, "A conso was not killed on the battlefield but was killed in his
1:08:43
village in the middle of night. Not on battlefield because of the battlefield.
1:08:48
No army or police can defeat him. Ever since Eastern Security Network was
1:08:53
launched, I have not seen anybody tell me that their life have not improved since it was launched. Around 21 minutes
1:09:00
marked, the defendant stated, "Vengeance is a master of appetite. Forever blood
1:09:06
tasty never failed. A conso is in heaven. He is going to be revenged. And by God, he will be revenged. All those
1:09:13
who had hands in a conso dead are all dead people working. all of them. He
1:09:19
also stated that a conso will be mourned in a special way just like how the ober of benin is buried with human heads that
1:09:26
he said a conso is more than ober. Thank you. There is no doubt that this is contained in the broadcast. The
1:09:33
defendant's statement was corroborated by PW4 who stated that upon the arrest of one of the IPOB commander named As
1:09:41
Army, he informed them that they were only to get 30 heads of humans out of 2,000 head as ordered by the defendant.
1:09:48
This court is aware that the said on army was not called as a witness in this case and this may affect the probative
1:09:55
value of his evidence. However, the evidence being used as corroboration to the statement made by the defendant
1:10:01
himself refer to supporting or additional piece of evidence that supports another evidence. Siobayio and
1:10:08
the state citation where the Supreme Court held, and I quotes, corroboration
1:10:13
having been not to be a technical terms of all means, no more than evidence tending to confirm, support, and
1:10:19
strengthen other evidence sought to be corroborated. This evidence is to be to
1:10:24
corroborate the evidence, the statement of the defendant. I must say here that the prosecution witnesses were
1:10:31
consistent and calm in the giving of the evidence. Their calm demeanor, despite provocative questions under
1:10:37
cross-examination, justified them to be witness of truth. I carefully observe
1:10:42
them, and the only conclusion to reach is that their witness of truth, and these courts readily believe them. The
1:10:48
defendant on the other side from his attitude in court was truly very cocky, arrogant. He even stated that no court
1:10:56
can convict him. This is a direct affront on the power of the courts which this court will not take for granted but
1:11:03
will do justice. It is interesting to note that the defendant who claimed to be a freedom fighter has even caused
1:11:09
more harm to his own people who are predominantly Christian faiths. Can this be said to be agitation for
1:11:16
self-determination? Not at all. Agitation for self-determination cannot be to the
1:11:22
detriment or to be detrimental to people who are supposed to be beneficiary of that said self-determination.
1:11:28
The usual sit at home or the primary effects is own people of the southeast.
1:11:33
The killing of people who disobey the order are his own people. Holding of closure of churches and schools as well
1:11:40
as markets also affect his own people. They are unable to trade, go to school,
1:11:46
farm, even worship. On such days, the threat of violence and death have prevented these people from going about
1:11:52
their legitimate businesses. Are these acts of defendant consistent with the agitation for self-determination?
1:12:00
The answer is in the negative. Once again, the defendant was not elected by anybody. Also cannot dictate for the
1:12:07
people of Southeast especially through intimidation and threats of violence. He is a terrorist. He must be treated as
1:12:14
such. In final analysis, the prosecution has successfully established the seven-count charge against the defendant
1:12:21
beyond reasonable doubts. Consequently, he is convicted on all the seven counts.
1:12:27
The next just 30 minutes, I go to the chambers. Anybody is free to come and
1:12:32
get a certified true copy of the judgments. Welcome
1:12:39
you the news in a more digital
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