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From Stanley Uzoaru, Owerri
The Indigenous People of Biafra (IPOB) has revisited the ongoing trial of its leader, Nnamdi Kanu and came to the conclusion that evidences laid against him were not just weak but non existent.
Spokesperson of the group, Emma Powerful, in a statement urged the presiding judge, Omotosho to end the trial, which he noted, was keenly followed by the international communities.
“The case against Mazi Nnamdi Kanu is no longer just weak, it is non-existent. It is held together only by political vengeance and the refusal of the Nigerian state to admit that it erred. “IPOB calls on Justice Omotosho to discharge his sacred duty. The world is watching. The Nigerian judiciary is on trial just as much as our leader. This is the moment to rise above executive pressure and affirm what the law already makes clear, which is that there is no case to answer. There is nothing to defend. There must be an acquittal. “We urge the media, civil society, diplomatic missions and all lovers of justice to study the reply on points of law. History will remember where everyone stood when justice cried out to be done.
“The legal argument advanced by Chief Agabi and the team of Senior Advocates stands on solid constitutional and evidentiary footing. It demonstrates beyond question that the Federal Government has utterly failed to establish even a prima facie case against our leader.
“The prosecution’s case, led by Chief Adegboyega Awomolo, is exposed as hollow, unprovable and offensive to the principles of criminal justice.
Highlighting further reasons Kanu’s trial should be concluded in his favour, Powerful said: “Unchallenged legal points are now admitted in law. The Reply shows that the prosecution failed to answer several critical arguments, such as the absence of victims, lack of forensic authentication and hearsay nature of all witness testimonies.
“In law, these omissions amount to an admission. The Federal Government, by its own silence, has conceded that it has no evidence pinning Mazi Nnamdi Kanu to any crime.
“There is no evidence of incitement, only edited recordings. The only ‘evidence’ the prosecution relies on are edited, unverified audio clips. Not a single person testified to being incited by any alleged broadcast. No forensic analyst was brought. No unedited source was presented. This is not evidence, it is propaganda. It is illegal, unconstitutional and must be rejected.
“Importation charge is based on fantasy. Count seven of the charge absurdly claims that Mazi Kanu imported a transmitter. But, no importation documents were tendered. No date, no shipping manifest, no clearing agent, no port of entry was presented. The prosecution failed to provide anything resembling proof. It is nothing but fabricated fiction.
“Prosecution wants to reverse the burden of proof by asking the defendant to explain his own alleged words, the prosecution seeks to shift the burden of proof. This is contrary to Section 36(5) of the Constitution, which guarantees the presumption of innocence. No Nigerian court should accept such lawless reasoning. The burden lies solely on the government to prove guilt, not on our leader to prove his innocence.
“Charge sheet is legally defective and constitutionally incompetent the prosecution even attempted to change the law under which one of the charges was filed after the trial had commenced. This is unheard of. The law is clear that the court has no jurisdiction to try a charge that is vague, contradictory or improperly filed. All seven counts suffer from these fatal defects.
“No victims, no crime, no case despite the gravity of the accusations, not a single victim was produced. Not one Nigerian came forward to say, ‘I was harmed because of Kanu’s broadcasts.’ “The law demands proof beyond doubt. What the prosecution has offered is mere conjecture dressed in emotion but devoid of fact.”
