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From Godwin Tsa, Abuja
Detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has asked the Federal High Court to stop the delivery of its judgment scheduled for November 20 in the terrorism charges against him.
In addition, he is seeking an order setting aside all proceedings and orders made by Justice James Omotosho in charge No:FHC ABJ CR/383/2015 for want of jurisdiction and violation of constitutional supremacy.
Justice James Omotosho of the Abuja division of the Federal High Court has fixed November 20 to deliver the judgment in the charge brought against him by the Federal government.
But in a motion dated and filed on November 10, Kanu is seeking an order arresting the delivery of the judgment on the ground that the proceedings were conducted under a repealed and nonexistent statute and in disobedience to the Supreme Court directive contrary to section 287 (1) of the 1999 constitution.
The motion signed and filed by Kanu, was brought pursuant to sections 6 (6) (B), 36 (6) (A) and (12) and 287 (1) of the 1999 constitution; section 220, 233, 259 and 396 of the Administration of Criminal Justice Act 2015; section 122 and 127 of the Evidence Act 2011 and section 76 (1) (D) (III) of the Terrorism (Prevention and Prohibition) Act 2022.
The motion is further urging the court to declare that by virtue of section 287 (1) of the 1999 constitution, the trial court was constitutionally bound to give effect the the Supreme Court findings that count 15 (now count 7) “does not exist in law,” and it’s failure renders all subsequent proceedings null and void.
Kanu is equally seeking an order of court declaring that the failure of the trial court to take judicial notice of the repeal of the 2013 Terrorism Act, contrary to section 122 of the Evidence Act 211, vitiates all steps taken thereunder.
A declaration that by virtue of section 76 (1) (d) (III) of the Terrorism (Prevention and Prohibition) Act 2022, the Federal High Court lacked jurisdiction to try him in the absence of proof that the alleged conduct constituted an offence under Kenyan law or any Kenyan judicial validation or extradition law.
He wants a declaration that his plea, purportedly taken on March 29, 2025, under a repealed and non-existent statute and violation of section 220 of the Administrative of Criminal Justice Act (ACJA) 2015, conferring jurisdiction on the trial court.
Meanwhile, the Nnamdi Kanu global defence consortium has asked Justice Omotosho not to proceed with the delivery of the November 20 judgment as doing so would amount to trampling upon the very foundation of the nation’s constitutional order- the non-degorable right to be heard.
In a statement signed by Onyedikachi Ifedi, the defence lawyers argued that the motion to arrest the judgment was lawful and constitutionally compelled acts of defence.
“It demands that the court obeys the rule of law before it speaks in the name of justice. Untill the motion is heard and determined, no valid judgment can issue in FHC/ABJ/CR/383/2015.
“Justice Omotosho stands at a defining juncture: to affirm the supremacy of the constitution or risk being recorded as a judge, who pronounced judgment over silence,” the statement reads.
Ebonyi community probes ₦7.5b budgetary allocations in DUFUTH
From Uchenna Inya, Abakaliki
The host community of the David Umahi Federal University Teaching Hospital(DUFUTH), Uburu, Ebonyi State, has petitioned the Chief Medical Director of the hospital, Agwu Uzoma, hidemanding detailed explanation of the alleged N7.5bn budgetary allocations to the hospital in the last two years and how the funds were spent.
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The community said their probe of the funds was contained in Freedom of Information (FOI) Act, 2011.
It therefore demanded that the hospital’s management release comprehensive records of budgetary allocations, project approvals and implementation details between 2023 and 2025.
The petition addressed to the Chief Medical Director (CMD) of the health institution , signed by the community’s Lawyer, Lucky Ezealor, the community expressed concern over the management of public funds and the transparency of project implementation within the teaching hospital.
According to the petition, the community seeks “full and detailed information, records, and documents” covering allocations for both completed and ongoing projects — including those purportedly sited outside the hospital’s premises.
Among the numerous projects listed are: several high-value allocations captured in the hospital’s 2023–2025 budgets, including construction/Provision of Hospital/Health Centres N100,000,000 (2023); N120,000,000 (2024), renovation of hospital complex building, N100,000,000 (2023); N120,000,000 (2024); N200,000,000 (2025), Intern Hostels ₦1.45 billion, oxygen Plants, ₦291.5 million, Molecular Laboratory Phase I, ₦364.3 million, newborn intensive care complex, ₦728.7 million, CT Simulator ₦364.3 million.
Others are: solar energy installation, ₦220 million, purchase of land for expansion, ₦290 million, community outreach programmes across Ebonyi, Benue, Abia, Akwa Ibom, and the South-West region totaling over ₦1.1 billion among others.
The community asked the hospital management to provide names of contractors and contract sums for each project, level of completion and disbursements made to date and physical locations of all projects, including those situated outside Uburu.
Citing Sections 1(1), 2(3), 4, and 7(5) of the FOI Act, the community emphasized that the hospital was legally bound to provide the requested information within seven days or face legal action.
“Any willful refusal, neglect, or failure to comply would constitute a violation of the Act, actionable under Section 20, which empowers citizens to approach the Federal High Court for judicial enforcement and damages”, the community said .
Reacting to the petition, the hospital said it was not a stranger to public scrutiny, stressing that as a public institution, it was natural for various critical stakeholders to take an interest in the hospital’s operations.
It, however,observed that the ultimatum to the hospital by some locals, for the release of records of budgetary allocations, project approvals, and implementation details for fiscal years from 2023 to 2025 and documents, covering allocations for both completed and ongoing projects, and the threat to escalate the matter to court and seek judicial enforcement,while legitimate in principle, appear to be part of a broader scheme that warrants closer examination.
“As we navigate the intricacies of the enquiry, we wish to inform the concerned individuals that we are carefully processing the request, as some information requested may require inputs and comments of other Ministries, Department and Agencies (MDAs) of the federal government.
“However, the timing and tone of the demand raise eyebrows, coming immediately a neighbouring community within the same local government was pronounced permanent site of the newly established DUFUTH College of Health Technology, a decision opposed within DUFUTH’s host community.
“The Freedom of Information bill, while a legitimate tool for transparency, has been clearly wielded in this instance as a sword seeking to ridicule and disgrace.
DUFUTH as a parastatal of the Federal Ministry of Health, operates within a defined framework of accountability, with multiple oversight bodies from our supervising ministry, hospital board, internal and external auditors ensuring the integrity of its operations like sentinels guarding the gate of probity.
“The hospital records are an open book. Its tenders board conducts open and transparent bidding processes, advertised publicly in national dailies, with every transaction and decision meticulously documented for scrutiny, and BPP standard followed to the letter. Under the incumbent CMD, transparency is the sole anchor that steadies the ship called DUFUTH”, the hospital said through its Public Relations Officer, Agwu Nwogo said. .
