Justice Nyako held that the Federal Government failed to prove that IPOB, allegedly managed by Kanu and his co-defendants — Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, is an unlawful society.
For instance, Binta Nyako noted that the Federal Government failed to produce any evidence to support allegation in count nine of the charge that the 2nd defendant, Onwudiwe, as National Coordinator of IPOB and the 4th defendant, Nwawuisi, who was serving as MTN Field Maintenance Engineer in Enugu State, conspired to install Radio Biafra transmitters on MTN masts sited at Ogui Road near St. Michael Church, Enugu, having agreed for the payment and receipt of N150, 000.
So also was the allegation that Onwudiwe committed an act preparatory to an act of terrorism by carrying out research for the purpose of identifying and gathering improvised explosive devices, IEDs, making materials to be used against the Nigerian security operatives carrying out their lawful duties. According to Justice Nyako, the Federal Government ought to have charged Onwudiwe before a Magistrate Court over his alleged intention to commit an act of terrorism.
“As at now, I don’t have any crime application against Kanu. And When the Federal government file one, I will know how to attend to them”, Justice Nyako added.
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