The judge, in a ruling, had held that the removed charges did not disclose any offence against the defendant.
The Appeal Court, Abuja Division, is set to hear the appeal of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB).
The team of lawyers has also arrived in the court, according to the BBC, and they are led by a Senior Advocate of Nigeria, Chief Mike Ozekhome.
SaharaReporters had reported that Justice Binta Nyako of Federal High Court in Abuja, on Friday, April 8, struck out eight of the 15 count charges against the Kanu.
The judge, in a ruling, had held that the removed charges did not disclose any offence against the defendant.
While ruling on the preliminary objection seeking to quash the charges, the judge said counts 6, 7, 8, 9, 10, 11, 12, and 14 had not disclosed any offence against the defendant (Kanu).
The charges that were struck out below are as follows: “Count 6: Made broadcasts to attack officers of the Nigeria Police Force; Count 7: Made broadcasts in which he incited members of the public to hunt and attack officers of the Nigerian Police Force.
“Court 8: Made broadcasts in which he directed members of the IPOB to manufacture bombs; Court 9: Made broadcasts on diverse dates in furtherance of terrorism against the Nigeria state and with intent to destabilise the fundamental political and economic structures of Nigeria, incited members of the public to stop the Anambra governorship election.
“Count 10: Incited members of the public to destroy public facilities. Count 11: Threatened members of the public not to come out on 31st May, 2021. Count 12: Made broadcasts with the intention to incite members of the public to stage a violent revolution in furtherance of acts of terrorism. Count 14: Directed members of the public to destroy the public transport system in Lagos, resulting in major economic loss to the governor.”
Nyako had said that counts 1, 2, 3, 4, 5, 8, and 15 showed some allegations, which the defendant had to answer.
However, these seven counts are now the subject of the Appeal Court hearing today.
Kanu through his lead Counsels Chief Mike Ozekhome, (SAN) who appealed the decision of the Federal High Court, had described the seven remaining charges as “defective and baseless”.
He said his application seeks the “quashing, striking out and dismissing of the 15-count amended charge” for being “incompetent and denying the court of jurisdiction to entertain the suit.”
The application, premised on 34 grounds and supported by a 36-paragraph affidavit, is also seeking an order acquitting and discharging Kanu.
“You are accusing Kanu of making some broadcast. You didn’t say where these broadcasts were made. Were they made in the spirit world, made in the air or under the ground?” Ozekhome asked.
He also said according to the provisions of the federal high court act, a prosecutor is expected to give exact details of a location where an offence is committed.
Ozekhome adopted his application and asked the court to strike out the entire charge.
We’re ready, Nnamdi Kanu’s lawyers boast ahead of today’s court appearance
However, Kanu’s Lawyer, Ifeanyi Ejiofor, has said the legal team was ready for today's legal battle.
Kanu’s lawyers are expected to be spearheaded by Ejiofor, who stated this in statement on Monday night, said Mike Ozekhome, SAN, will lead the team as usual.