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Speaker 1: Justice James Omitosho of the Federal High Court sitting in Abuja, Nigeria,

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Federal Capital Territory, on Thursday, convicted and sentenced Marzi Namdikru

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to a passionate prison term of life imprisonment against the

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penalty of death sentence. He said he ought to have

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pronounced on the Biafra Republic agitation leader over the statements

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Marzi Namdi Krnu made on October twentieth, twenty twenty through

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Radio Biafra during the warlike situation between the civilian population

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and Nigeria security operatives following series of reports that the

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Nigeria security operatives were shooting and killing innocent, unarmed protesters

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who were protesting against bad government and police brutalities tagged

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Ensis protest. Justice Omitasho in his ruling said Namdi Kru

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was responsible for the killing of one hundred and seventy

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five security operatives during the enss civil military war like

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situation on October twentieth, twenty twenty, and Justice Omitasho in

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his ruling failed to see state the numbers of civilians

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that were killed by Nigeria security operated during the war

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like situation that apparently forced Namdikru to start teaching the

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civilians on how to manufacture Molotov cocktail also known as

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petrol bombs, urging them to go and meet welders to

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buy bullet proof doors from the welders to defend themselves

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and launched to a retaliatory defensive attacks against the Nigeria

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security operatives who were accused of turning the peaceful protest

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into a barrage of gunfire, human rights violations and abuses.

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Justice Omitosho convicted Namdi Carnu on counts four and five

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over the enss protest and he described namdikru action during

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the violent protest as an act of terrorism. On count I,

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Justice Omitosho convicted Namdi Kru for an act of preparatory

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to commit terrorism over statements made by Namdikru in May

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twenty twenty one. Justice Armitosho in the ruling claimed and

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ruled that Namdi Krnu declared war against security operatives in

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the Southeast States without provocation. This statement by Justice Armitosho

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apparently made him looked like a biased person because after

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Justice Armaitosho read the entire seven count charge and convicted

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Namdi Kru. Justice. Armitosho thereafter recognized the media news report

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and broadcast of Namdi Carlu on April twenty fifth, twenty

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twenty one, wherein Namdi Krnuvou to revenge the killing of

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a Conso, the then head of Eastern Security Network ESN

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by a combined team of Nigeria Security operatives led by

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the Nigerian Army under the command of former Chief of

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Army Staff, Late Lieutenant General Tarry Lagbarja, who was then

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the General Officer commanding GOC eighty two Division. The Nigerian

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Army insisted in its report that a Conso was killed

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during exchange of gunfire with the security operatives, but Namdi

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Karu rejected the claim and re repeatedly stated that a

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Conso was killed in his sleep and the killing was

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a pure case of assassination by the Federal Government of

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Nigeria as a way to weaken the people of Southeast

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States and denied and the ability to be able to

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establish the Eastern Security Network ESN to defend themselves against

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Boco Harum terrorists and expansionist foreign Fulani invaders from different

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countries like Mali, Gambia, Senegal, Nigerian Republican Chad that were

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advancing from the northern part of Nigeria and cruising through

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the Middle Belt states to Southeast, Southwest and South South

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states for the record killing of a conso by security

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operatives apparently marked the genesis of the full scale guerrilla

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war between the Biaffor Armed Group and the armed Forces

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of Nigeria including other Nigeria security operatives. Justice of Atasho

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also convicted Namdi Krno for the creation of unlawful organization

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over the establishment of ESN in a broadcast Namdi Kru

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made in December stating that the ESN has been created

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to protect the people of Southeast against Boko Haram terrorists.

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After the ruling, Justice Armitasho stated that the Boko Haram

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terrorists among other terrorist groups for making people not to

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enjoy life in Nigeria. Thereafter, the prosecution lawyer, adding boyek

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ber Owomolo told the court that in the last few

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days or weeks, Nigeria has been a season of victim

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upon victims of terrorism, adding Boyeker’s statement may be in

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line with the current high rate of attacks by terrorists

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advancing from the Northern Nigeria to the southern part kidnapping

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and killing people like never before. That aside, Justice Amitosho

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also ruled that Namdi Kanu was responsible for the killing

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of Ahmed Bulak, the former presidential aid who was killed

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on May thirtieth, twenty twenty one in a werry on

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his way to the airport after conducting election primary. According

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to Justice Amitasho, Namdi karu act of declaring sit at

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home to mark the twenty twenty one Biafra Heroes Day

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led to the killing of Ahmed Gulak. In addition, Justice

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Omitosho ruled that Namdi Carlu is responsible for the killing

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and beheading of military couple Master Warrant Officer m w

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O aldu m Liinis retired and Private Gloria Matthew, who

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were on transit to Aimo’s state for the traditional wedding

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on Saturday, April thirtieth, twenty twenty two at Orlu in

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Imo State. At time, Lamdi Carnu had already been re

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arrested from Kenya and detained as a June twenty twenty

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one at the custody of the Department of State Services,

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almost to year plus before the military couple were caught

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and killed by gunmens suspected to be Bafra armed group.

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For the purpose of clarity, Justice Omaitosho attributed these events

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of killings to Namdi Carnu, apparently to satisfy the basic

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requirements of the law in line with Nigeria criminal justice

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system that borders on terrorism, that Namdi Carnu’s statements were

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not mere threats, that indeed, the statements caused an impact

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in the society. This Justice Amitosha ruled and held that

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Namdi Knu is responsible for the Every Monday sit at

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home in the Southeastern States of Nigeria, even in the

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face of the fact that the every Monday sit at

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home in the region began on August ninth, twenty twenty one,

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after Namdi Kanu was not seen in court following his

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rearrest from Kenya and people decided to enforce every Monday

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as a sit at home day in the Southeast States

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of Nigeria to demand the unconditional release of the re

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arrested and detained Biafra Republic Agitation Leader. Details of the

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major parts of Justice Amitosha ruling are transcribed and presented

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verbatim below their rights to make sure it happens in

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the broadcast of the sixteenth of May twenty twenty one,

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also contained in the exhibit p W W. The defendant,

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in the beginning of the broadcast stated thus, my name

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is Marzi Namdi Kru. I am the leader of an

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Indigenous People of Biafra I POB and director of Radio

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Bafra and Biafra Television. I will remain a loyal servant

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on the people of Bafra. He further stated around fifty

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one minutes mark and I quote, if God is on

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our side, which I know he is, the army of

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Nigeria will die in Bafra Land. Everybody will die. I

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will be the one leading it. By God’s grace, everything

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called Nigeria will perish in Bafra Land. The world must

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be prepared for what is to come. I want to

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let Katrina Lang in the British government to know that

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we have chosen the path of death and people are

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dying every day. We have to develop the mindset of

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after this, which even though NATO is there, will not

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NATO is there. We say that we are ready to

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die and everyone that comes to kill us will die

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also because things will start happening in the next fourteen days.

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In the next two weeks, the slaughter will begin to happen.

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You see, those ce n n that have refused to

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come to Biafra will come by force to see what

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is happening. We will make sure that every Nigerian soldier

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on Bafra’s soil will die. God is my witness. I

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will lead this barrier myself. Around fifty five minutes marked

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to the exhibits, he said, and I quote, I want

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the United Government to understand that we are ready to

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die and be slaves unquote. At about one hour mark,

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he said, and I quote. Israel was named Palestinians by

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the Romans because they were too stubborn. Go and ask

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how they did it. They bond and the Romans away,

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not these roadside bombs. Every road leading to Biafra will

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be manned, land mines. Everything that is Nigeria, whether it

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is police, army, will blow till the kingdom come. The

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defendant also stated in that same broadcast, and I quote,

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we are asking for our freedom. They aren’t listening. But

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when we start doing what we want, the whole world

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will start begging us. And then I will come out

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from wherever I am and tell them that it’s too late.

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Throw away your phones. Remain in communicado. As we are

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in the state of war. It will not kill you

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to do away with your phones. All people should go

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into the bush and stop the advance of this army

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or else they will kill you. These words spoken by

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the defendant in those broadcasts were not mere words, as

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they bear heavy traces of threats to harm people, including

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international representatives representing their nation in Nigeria. The said broadcasts

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were several in numbers and defendant kept repeating his rhetorics

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that people will die if Biafra is not created. The

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defendant plan to commit the terrorist act did not only

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manifest in its broadcast, but was shown in a meeting

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he had with other Igbo people in the United States

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at a World Congress Igbo Congress meeting held at the

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Four Points Hotel in Los Angeles in the United States

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of America. As contained in Exis p w W, the defendant,

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while speaking to the audience stated, and I quote, we

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must not miss this build an opportunity we are bound

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to suffer in this time to come. You must come

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out to support what we are doing. We need guns

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and we need bullets. I know we love life so much.

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Without it, houser will overrun us. They have succeeded in

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imposing operation on us. They are coming. Boko Haram is

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coming in Igboland. A female participant stood up to ask

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the defendant of his objective as well as y means

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for weapons. The defendant responded and I quote, we now

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know that the best way to defend ourselves is to

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be armed, because Boko Haram is everywhere in zoo called Nigeria.

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So we need guns and bullets and those of you

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in America will give it to us. Also, on the

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twenty second day of this month, something will happen called

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the blood moon. Most of you don’t know that just

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before the civil war there was blood moon. There was

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blood moon in sixty seven and it only happens once

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in a while. Because after this year, we will be free.

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No matter what happened. If we don’t get Biafra, everyone

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will live to die. We are not joking. His intention

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was quite clear. He believes only in violence as the

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solution to the creation of Beaffra as a nation. And

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at the said World Igbo Congress, most of the participants

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were quite alarmed by the expressions as is planned, and

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so they kept asking if he had considered the option

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of peaceful dialogue, to which the defendant was adamant that

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only violence could lead to the achievement of his aim.

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These threats of violence are nothing but terrorist acts which

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was duly carried out by his followers followers, as will

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be seen later in this judgment, the defendant knew what

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he was doing while making these violent statements. He obviously

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had an objective which won the face of it is political,

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that is, secession of the state of Southeast, South South

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and some Middle Bell States from the Federal Republic of

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Nigeria to form BAFHRA. The defendant was also bent on

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achieving his objective with the use of violence, and he

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didn’t mind if his owns, his own people die in

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that process. As one of the crucial elements in establishing crime,

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the intention and the knowledge with which defendant carried out

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the acts can be expressed by him. If not so

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expressed by can be deduced from its conduct or activities

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or other connected circumstances see Barride and Federal Republic of Nigeria.

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From the uncontroverted evidence led by the prosecution, particularly the

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procast contained in Exhibit p WW. It is clear that

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the defendant committed acts preparatory to an importance of terrorist acts.

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The defendant had the opportunity to explain, but failed and

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deliberately refused to take that opportunity. Thus, he did not

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place any evidence before this Court to explain the contents

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of the contest of the said broadcast, or any reason

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which may be exculpatory in his favor. Having failed and

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deliberately refused to enter defense or give explanation, the Court

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will rely on the uncontroverted evidence of the prosecution. This

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Court therefore holds that the prosecution has established Count one

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of the charge beyond reasonable doubts. Consequently, the defendant is

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hereby convicted in respect of count Ie. With respect to

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Count one of the charge, the defendant was charged with

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making a broadcast received and had in Nigeria, with intent

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to intimidate the population, issued deadly threats that anyone who

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that anyone who flowed to sit at home orders should

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write his will as a result of a result of

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which banks, schools, markets, shopping walls, fuel stations domicile in

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the Eastern States of Nigeria were not opened for businesses,

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citizens and vehicular movements in the Eastern State of Nigeria

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were grounded. This offense is also punishable under Section twelve

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of the Terrorism Prevention Act. The ingredients are similar as

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contained in Count one, except that the prosecution must establish

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that the defendant indeed issue a threat to anyone who

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flouted his sit at home order in the Southeastern State

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of Nigeria. The evidences led by the prosecution shows that

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the defendant issued a sit at home order wherein he

232
00:14:23,440 –> 00:14:26,679
threatened the residents of the Southeast States from going out.

233
00:14:27,440 –> 00:14:32,240
He further threatened that any church, markets, schools, banks or

234
00:14:32,320 –> 00:14:36,039
shops which opened will be destroyed. This was the purpose

235
00:14:36,120 –> 00:14:39,480
of his broadcast of thirtieth day of May twenty twenty one,

236
00:14:39,559 –> 00:14:41,960
where he stated that he had an announcement to make

237
00:14:42,039 –> 00:14:46,360
regarding the short stand of the entire Southeast. He stated

238
00:14:46,399 –> 00:14:50,000
exactly at nine minutes ten seconds in the broadcast contained

239
00:14:50,000 –> 00:14:53,759
in exhibit P. W. W. Doss and I quote tomorrow

240
00:14:53,799 –> 00:14:57,159
being the thirty first day of May, there is complete lockdown.

241
00:14:57,960 –> 00:15:02,039
No church, no markets, no should be seen outside tomorrow.

242
00:15:02,799 –> 00:15:06,080
I do not want violence. I do not want anybody

243
00:15:06,120 –> 00:15:09,799
to resort to violence. I condemn it completely and totally.

244
00:15:10,159 –> 00:15:13,639
We do not want to spit the blood of the innocent. Therefore,

245
00:15:14,000 –> 00:15:17,399
I am merging restraint across border. I am merging our

246
00:15:17,440 –> 00:15:20,679
people to honor the memory of people who died. There

247
00:15:20,720 –> 00:15:25,440
will be no school, no church, market, banks, car on

248
00:15:25,519 –> 00:15:29,480
the roads. There will be complete shutdown. If you want

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00:15:29,519 –> 00:15:32,720
to be alive, do not come out to morrow. What

250
00:15:32,919 –> 00:15:35,320
I’m saying is that do not come out to morrow.

251
00:15:35,360 –> 00:15:38,919
If you value your life. There will be complete shutdown

252
00:15:38,960 –> 00:15:43,000
of Biafroland tomorrow. Any community that allow vehicle to pass

253
00:15:43,000 –> 00:15:47,440
tomorrow will be in trouble. Anybody, anybody in any car

254
00:15:47,559 –> 00:15:51,000
or lorry except in ambulance, will be in trouble. I

255
00:15:51,039 –> 00:15:53,919
know some people are very foolish trying to open their

256
00:15:53,960 –> 00:15:57,879
shops around twelve. If you open that very shop, we

257
00:15:57,960 –> 00:16:03,639
will burn you inside it, especially Enungu wumuohir Aberkiliki people.

258
00:16:04,039 –> 00:16:07,559
You are very stupid. Tomorrow we will show you. This

259
00:16:07,639 –> 00:16:10,960
statement at first sounded peaceful and even seemed as if

260
00:16:11,000 –> 00:16:13,600
he was only persuading people to honor the memory of

261
00:16:13,639 –> 00:16:18,559
some people. However, Defendant, in his typical aggressive way of speaking,

262
00:16:18,600 –> 00:16:22,000
began issuing threats to those who might not want to

263
00:16:22,039 –> 00:16:25,120
obey his order. That might not want to obey his order.

264
00:16:25,799 –> 00:16:29,279
The people of the Southeastern Nigerians, and I take judicial

265
00:16:29,759 –> 00:16:33,200
notice substantially, are Christians who go to church and merchants

266
00:16:33,200 –> 00:16:35,320
that are into trade. And there are children who were

267
00:16:35,320 –> 00:16:39,039
threatened again against going to church, their places of business

268
00:16:39,039 –> 00:16:42,559
and schools. This Court wonders if this can be said

269
00:16:42,600 –> 00:16:47,440
to be agitation for self agitations. Unequivocally, I say no.

270
00:16:48,039 –> 00:16:50,960
The people of the Southeast of Nigeria are entitled to

271
00:16:51,039 –> 00:16:54,759
their right to personal liberty freedom of movement under Section

272
00:16:54,919 –> 00:16:58,279
thirty five and Section forty one of the Constitution of

273
00:16:58,399 –> 00:17:02,120
the Federal Republic of NIGERI nineteen ninety nine, as amended

274
00:17:02,840 –> 00:17:06,880
the third Session provides, and I quote, every person shall

275
00:17:06,920 –> 00:17:09,960
be entitled to his personal liberty and no person shall

276
00:17:10,039 –> 00:17:13,200
be deprived of such liberty save in the following cases

277
00:17:13,240 –> 00:17:16,720
and in accordance with the procedure permitted by law. He

278
00:17:17,200 –> 00:17:20,000
in execution of the sentence and order of Court in

279
00:17:20,039 –> 00:17:22,799
respect of criminal offense of which he has been found

280
00:17:22,880 –> 00:17:26,839
guilty b by reason of his failure to comply with

281
00:17:26,920 –> 00:17:29,200
the order of Court, and in order to secure the

282
00:17:29,240 –> 00:17:33,200
fulfillment of any obligation imposed upon him by law. C

283
00:17:34,240 –> 00:17:36,559
For the purpose of bringing in before a court in

284
00:17:36,640 –> 00:17:40,279
execution of order of court, or upon reasonable substitution of

285
00:17:40,319 –> 00:17:44,279
his having committed a criminal offense. B in the case

286
00:17:44,319 –> 00:17:46,480
of a person who has not attained the age of

287
00:17:46,559 –> 00:17:49,799
eighteen years, for the purpose of his education or welfare.

288
00:17:50,200 –> 00:17:53,079
HE in the case of persons suffering from infectious or

289
00:17:53,079 –> 00:17:57,480
contagious disease, person of unsound mind, person addicted to drugs

290
00:17:57,519 –> 00:18:00,839
or alcohol, vagrance for those or purpose of those care

291
00:18:00,960 –> 00:18:05,279
or treatment or protection of community. F for the purpose

292
00:18:05,319 –> 00:18:08,720
of preventing the unlawful entry of any person to Nigeria,

293
00:18:08,880 –> 00:18:12,960
or of affecting the expulsion, extradition, or unlawful removal from

294
00:18:13,039 –> 00:18:16,400
Nigeria of any person, or the taking of proceedings relating

295
00:18:16,440 –> 00:18:19,279
thereto provided that a person who is charged with an

296
00:18:19,279 –> 00:18:22,160
offense and who has been detained in law in lawful

297
00:18:22,240 –> 00:18:25,519
custody awaiting trials shall not continue to be kept in

298
00:18:25,599 –> 00:18:28,960
such detention for a period longer than the maximum period

299
00:18:28,960 –> 00:18:33,519
of imprisonment prescribed for him. Section forty one provides every

300
00:18:33,599 –> 00:18:37,400
citizen is entitled to move freely throughout Nigeria to reside

301
00:18:37,480 –> 00:18:40,440
in any part. Therefore, there even no citizens shall be

302
00:18:40,480 –> 00:18:45,440
expelled from Nigeria or refuse entry thereby or exit. Therefore,

303
00:18:45,759 –> 00:18:48,839
they are also entitled. They are also entitled to their

304
00:18:48,920 –> 00:18:52,200
right to freedom of religion as expressed under Section thirty

305
00:18:52,200 –> 00:18:56,279
eight of the Constitution of the Federal Republic Nigeria, the

306
00:18:56,400 –> 00:19:00,799
right to personal liberty, movement religion a complement of each other.

307
00:19:01,400 –> 00:19:04,839
Jealousy guides these rights and their basic rights which enact

308
00:19:04,920 –> 00:19:09,079
to them as being human beings. These rights are so fundamental.

309
00:19:09,519 –> 00:19:13,440
Kindly see my lorder gagu JCA has initiated on this

310
00:19:13,559 –> 00:19:18,200
inokeofo versus Lagos State Government and another citation. The people

311
00:19:18,200 –> 00:19:20,559
of the Southeast cannot be ordered to sit at home

312
00:19:20,599 –> 00:19:24,000
by a person, especially for someone who is not illegally

313
00:19:24,079 –> 00:19:27,240
recognized official of the Federal government or an official of

314
00:19:27,319 –> 00:19:31,160
any of the states. The only person entitled to restrict

315
00:19:31,200 –> 00:19:34,519
movements of person within Nigeria is the President or the

316
00:19:34,519 –> 00:19:38,839
Federal Republic of Nigeria. Under emergency power under Section three

317
00:19:38,920 –> 00:19:42,119
hundred and five of the Constitution of the Federal Republic

318
00:19:42,200 –> 00:19:45,839
of Nigeria nineteen ninety nine as amended, the President can

319
00:19:45,960 –> 00:19:48,839
order for a curfew area where there is a crisis

320
00:19:48,960 –> 00:19:52,720
or natural disaster. The defendant is not the President of

321
00:19:52,759 –> 00:19:56,000
the Federal Republic of Nigeria, thus lacks any power to

322
00:19:56,079 –> 00:19:58,400
so declare a sit at home in any part of

323
00:19:58,440 –> 00:20:02,839
the country. Defendant arrogated to himself power he lacks, and

324
00:20:02,880 –> 00:20:05,279
with the threat of violence, order the residents of the

325
00:20:05,319 –> 00:20:08,799
Southeastern State to stay at home or face the consequences

326
00:20:08,839 –> 00:20:12,920
of the disobedience. This is an unconstitutional act which is

327
00:20:12,960 –> 00:20:16,000
subversive and amounts to nothing more than a terrorist act.

328
00:20:16,759 –> 00:20:19,319
It is also a notorious fact that the people of

329
00:20:19,400 –> 00:20:22,400
Southeast have been subjected to sit at home threats on

330
00:20:22,480 –> 00:20:26,440
Mondays for years now. P W four, who stated that

331
00:20:26,519 –> 00:20:30,400
he was stationed in the Southeast, especially in IMO’s State

332
00:20:30,519 –> 00:20:33,359
for some years, gave evidence that Monday sit at home

333
00:20:33,480 –> 00:20:36,640
is a usual occurrence wherein the town are deserted, even

334
00:20:36,680 –> 00:20:40,880
the farmlands. P W four also gave evidence on the

335
00:20:40,920 –> 00:20:43,720
death of one Armed Gulak, a former aid to the

336
00:20:43,759 –> 00:20:48,039
former President Goodluck Jonathan, that the said Armed Gulac had

337
00:20:48,119 –> 00:20:51,279
been killed by IPOV men in portion to the order

338
00:20:51,319 –> 00:20:55,200
of Defendant. Armed Gulak was trying to catch a flight

339
00:20:55,240 –> 00:20:57,359
out of a werry on the thirtieth day of May

340
00:20:57,400 –> 00:21:00,319
twenty twenty one when he ran into a checkpoint by

341
00:21:00,359 –> 00:21:04,599
IPOB and was shot dead. P W four stated that

342
00:21:04,680 –> 00:21:07,039
he was one of those who got to the scene first.

343
00:21:07,799 –> 00:21:10,559
It must be noted that thirtieth of May twenty twenty

344
00:21:10,599 –> 00:21:14,240
one was a Sunday not a Monday, but notwithstanding, it

345
00:21:14,359 –> 00:21:16,599
leads to the death of a person trying to move

346
00:21:16,640 –> 00:21:19,440
around due to the directive of defender. As shown in

347
00:21:19,519 –> 00:21:23,279
exhibit p W K is a medical report from the

348
00:21:23,359 –> 00:21:27,720
Nigerian Police Medical Services are Wery. The report is dated

349
00:21:27,759 –> 00:21:30,480
the eighteenth of July twenty twenty one and it states

350
00:21:30,519 –> 00:21:36,160
to whom it consign medical report late Armed Gulak Hospital number.

351
00:21:36,440 –> 00:21:39,720
The victim allegedly shot dead by hoodlums suspected to be

352
00:21:39,799 –> 00:21:44,640
IPOB ESN members on the thirtieth of October twenty twenty

353
00:21:44,680 –> 00:21:49,240
one at about seven hours along Airport Road. Hurry picture

354
00:21:49,319 –> 00:21:53,960
of lifeless man scene body of disease buried. Informations above.

355
00:21:54,039 –> 00:21:58,000
Medical reports duly signed by the medical practitioner clearly states

356
00:21:58,039 –> 00:22:00,680
the immediate cause of the death of Hmen Gulac and

357
00:22:00,799 –> 00:22:04,640
links him to the defendant as leader of IPOB and ESN.

358
00:22:05,440 –> 00:22:09,480
The action of the defendant cannot be excused under any circumstances.

359
00:22:09,960 –> 00:22:13,720
The declaration of a sit at home without any constitutional power,

360
00:22:14,119 –> 00:22:17,440
especially be accompanied by the threat is a terrorist act.

361
00:22:18,200 –> 00:22:22,039
The defendant did not present any evidence to challenge report

362
00:22:22,119 –> 00:22:26,720
this case of the prosecution. Consequently, he admits the evidence

363
00:22:26,720 –> 00:22:30,559
as presented by the prosecution. The pre section has successfully

364
00:22:30,640 –> 00:22:35,119
proved CAN two beyond reasonable doubt. Consequently, the defendant is

365
00:22:35,160 –> 00:22:39,000
hereby convicted of count two. With respect to Count three,

366
00:22:39,079 –> 00:22:41,880
the defendant is charged with professing to be a member

367
00:22:41,920 –> 00:22:45,839
of a Leader of Indigenous People of Biafra IPOB, a

368
00:22:45,920 –> 00:22:49,759
prescribed organization in which thereby committing an offense contrary to

369
00:22:49,839 –> 00:22:54,559
unpunishable under Section sixteen of the Terrorism Prevention Act twenty thirteen,

370
00:22:55,079 –> 00:22:59,240
Session sixteen of the Terrorism Prevention Acts and Prevention Amendment

371
00:22:59,359 –> 00:23:02,519
Act provides, and I quote, any person who is a

372
00:23:02,559 –> 00:23:05,319
member or professes to be a member of terrorist groups

373
00:23:05,319 –> 00:23:08,759
commits an offense and is liable on conviction to imprisonment

374
00:23:08,839 –> 00:23:12,160
for a time not less than twenty one years. The

375
00:23:12,359 –> 00:23:15,519
ingredients of the offense from the above provide provisions are

376
00:23:15,559 –> 00:23:20,160
one the defender must be a person. Two, the defender

377
00:23:20,279 –> 00:23:22,559
must be a member or professes to be a member

378
00:23:22,599 –> 00:23:26,519
of a terrorist group. Three the terrorist group must have

379
00:23:26,640 –> 00:23:30,119
been prescribed as at the time the defendant professors membership

380
00:23:30,200 –> 00:23:35,440
was tied as earlier established second ingredients, prosecution has led

381
00:23:35,480 –> 00:23:38,319
evidence showing that the defendant was not just a member,

382
00:23:38,359 –> 00:23:41,079
but he was the leader of a terrorist organization known

383
00:23:41,119 –> 00:23:45,519
as Indigenous People of Biafra. Indeed, in the broadcast of

384
00:23:45,519 –> 00:23:48,440
the sixteenth of May twenty twenty one, as contained in

385
00:23:48,519 –> 00:23:52,319
the z BPWW, the defendant in the beginning of the

386
00:23:52,359 –> 00:23:56,519
cliff stated this, and I quote, my name is Namdi Knu.

387
00:23:56,960 –> 00:23:59,440
I am the leader of Indigenous People of Biafra and

388
00:23:59,559 –> 00:24:04,240
directly of Radio Bafra, Biafra Television. I will remain a

389
00:24:04,319 –> 00:24:08,039
loyal servant of the people. He further stated around fifty

390
00:24:08,039 –> 00:24:10,920
one minutes mark into the video. If God is on

391
00:24:11,039 –> 00:24:14,079
our side, which I know he is, the army of

392
00:24:14,200 –> 00:24:18,680
Nigeria will die in Bafra land. Everybody will die. I

393
00:24:18,759 –> 00:24:22,160
will be the one leading it. By God’s grace. Everything

394
00:24:22,240 –> 00:24:26,440
called Nigeria will perish in Biafra land. The world must

395
00:24:26,480 –> 00:24:30,119
be prepared for what is to come unquote. In several

396
00:24:30,160 –> 00:24:34,200
other broadcasts, the defendant admitted being the leader of Indigenous

397
00:24:34,240 –> 00:24:37,839
People of Biafra. There is no fact before this court

398
00:24:37,920 –> 00:24:40,720
showing the defendant is not member and in fact leader

399
00:24:40,720 –> 00:24:44,319
of the said group. The defendant, from the evidence before

400
00:24:44,359 –> 00:24:48,960
this Court, also possessed power to order the Coordinator of IPOB.

401
00:24:49,880 –> 00:24:53,240
In a broadcast dated the eleventh of May twenty twenty one.

402
00:24:53,319 –> 00:24:57,079
In exhibit P w W, the defendant while commenting on

403
00:24:57,160 –> 00:24:59,839
the meeting of Southern Governor held in a Savice state

404
00:25:00,160 –> 00:25:03,400
around thirty five minutes to the exhibits, while played and

405
00:25:03,480 –> 00:25:07,559
I quote concerning the lockdown announced yesterday, I urge all

406
00:25:07,640 –> 00:25:10,359
people of Biafra and all those in Biafra Land to

407
00:25:10,440 –> 00:25:15,039
disobey the lockdown given by Zoological Republic of Nigeria. The

408
00:25:15,160 –> 00:25:17,440
reason is because they want to use the dead of

409
00:25:17,440 –> 00:25:21,079
the Knight to move their fighters into our forest. Because

410
00:25:21,119 –> 00:25:24,440
we have defeated their foot soldiers. We must resist this

411
00:25:24,519 –> 00:25:28,000
stupid lockdown and it will not hold in Biafra. I

412
00:25:28,079 –> 00:25:32,559
am calling on all the Coordinator, Deputy Coordinator of ESN,

413
00:25:33,240 –> 00:25:36,440
ESN and IPOB not to sleep in their houses today,

414
00:25:36,720 –> 00:25:40,119
but to look for somewhere else to stay, because now

415
00:25:40,160 –> 00:25:42,680
we are in the trenches. Now you will know what

416
00:25:42,799 –> 00:25:46,519
is freedom fighting for. It is not comfortable, it is

417
00:25:46,599 –> 00:25:49,799
not it is not rosy. Do not sleep at home,

418
00:25:50,279 –> 00:25:53,480
do not sleep at home, change your phone and even

419
00:25:53,519 –> 00:25:56,880
your phone itself. The defendant no doubt belonged to the

420
00:25:56,920 –> 00:25:58,880
group and is a leader of the group with the

421
00:25:58,920 –> 00:26:03,200
influence of Commander the coordinators of the group, not only IPOB,

422
00:26:03,440 –> 00:26:06,400
but even Eastern Security Network, which is the armed wing

423
00:26:06,480 –> 00:26:10,599
of IPOB. In the broadcast of the twelfth of December

424
00:26:10,640 –> 00:26:14,440
twenty twenty, the defendant made an announcement in inaugurating the

425
00:26:14,480 –> 00:26:17,680
military group known as Eastern Security Network, which is the

426
00:26:17,799 –> 00:26:21,680
armed wing of the indigenous people of Biafra. He stated,

427
00:26:21,960 –> 00:26:26,799
and I quote, we have cowards, fine line idiots as governors.

428
00:26:27,119 –> 00:26:29,559
They have given over our land to the Janjue to

429
00:26:29,640 –> 00:26:35,559
occupy in perpetual perpetuity. This very generation, this very IPOB

430
00:26:35,799 –> 00:26:40,319
will not tolerate it, not now, not tomorrow, not forever.

431
00:26:40,759 –> 00:26:43,240
We will rather all perish and die than to allow

432
00:26:43,319 –> 00:26:46,559
our land to be taken over by the Janjuwee. This

433
00:26:46,759 –> 00:26:49,359
is a warning to all the governors who are conspiring,

434
00:26:49,480 –> 00:26:52,480
due to one political consideration, to give our land to

435
00:26:52,559 –> 00:26:56,599
infidel and blood sucking demos. From this town. I cannot

436
00:26:56,880 –> 00:27:00,319
it cannot happen, not under our watch. We have being

437
00:27:00,319 –> 00:27:04,839
told that some of these invaders come from Senegal, Gambia, Mali,

438
00:27:05,119 –> 00:27:08,839
from Nigerian Republicans and from Chad. According to Governor of

439
00:27:08,880 –> 00:27:13,319
Katsina State, Therefore, we are setting up the Eastern Security

440
00:27:13,359 –> 00:27:17,200
Networks to combat the excesses of these vagabonds criminals from

441
00:27:17,279 –> 00:27:20,400
crossing along the same line as a Mootekan, the one

442
00:27:20,480 –> 00:27:23,839
set up by Meeti Alla. What we are launching before

443
00:27:23,880 –> 00:27:28,000
the war today is Eastern Security Network, not a Biafra army,

444
00:27:28,720 –> 00:27:30,920
and we will let the world know when the army

445
00:27:31,039 –> 00:27:35,079
is too much too much. But for our present purposes,

446
00:27:35,480 –> 00:27:38,000
we are setting it up to defend our land Biaffor

447
00:27:38,079 –> 00:27:41,240
against marauders from the Sahil and the term incurshion led

448
00:27:41,279 –> 00:27:45,640
by terrorists Fulani to be precise. In the coming days,

449
00:27:45,640 –> 00:27:48,480
you shall see them in their uniform performing the critical

450
00:27:48,519 –> 00:27:52,680
issue of providing security for our land. The defendant, who

451
00:27:52,759 –> 00:27:56,799
was feasibly agitated continue in the broadcast by stating, no

452
00:27:56,920 –> 00:27:59,799
governor in the Southeast and South South have been able

453
00:27:59,839 –> 00:28:03,880
to form a security outfit. Therefore, I must defend our

454
00:28:04,000 –> 00:28:07,160
land to the very last blood. We shall not stop,

455
00:28:07,400 –> 00:28:11,559
not now, not tomorrow, not forever, until our land is

456
00:28:11,599 –> 00:28:15,200
get rid of vultures of this Fulani terrorist. In the

457
00:28:15,240 –> 00:28:18,240
third video broadcast, there was a side video of the

458
00:28:18,279 –> 00:28:21,440
man of the Eastern Security Network dressed in black with

459
00:28:21,559 –> 00:28:25,720
red cap waving black flag with insignia of Eastern Security Network.

460
00:28:26,480 –> 00:28:29,640
This is therefore no doubt. The prosecution has established the

461
00:28:29,720 –> 00:28:34,640
second ingredients beyond reasonable doubt. With respect to the third ingredient,

462
00:28:35,079 –> 00:28:38,440
the evidence before this Court shows that IPOB is a

463
00:28:38,480 –> 00:28:42,799
prescribed group. I take judicial notice of session under Session

464
00:28:42,839 –> 00:28:45,440
one hundred and twenty two of the Evidence Act of

465
00:28:45,480 –> 00:28:48,519
the order made by my learned brother Yako Jay in

466
00:28:48,680 –> 00:28:53,160
sued number pac A b JCSA seventy one, twenty seventeen

467
00:28:53,240 –> 00:28:57,000
between Attorney General of the Federation versus Indigenous People of

468
00:28:57,000 –> 00:29:02,559
Baffra Today dated sorry the twentieth of September twenty seventeen,

469
00:29:02,920 –> 00:29:06,599
wherein the activities of Indigenous People of Biafra were prescribed.

470
00:29:07,359 –> 00:29:10,680
He sent order crystallized which is the Federal Republic of

471
00:29:10,759 –> 00:29:14,480
Nigeria Official Gazette number ninety nine in volume one hundred

472
00:29:14,559 –> 00:29:18,599
and four dated the twentieth of September twenty seventeen, titled

473
00:29:18,680 –> 00:29:23,359
Terrorism Prevention Order Number Terrorism Prevention Order of twenty seventeen.

474
00:29:23,759 –> 00:29:26,960
The Gazette writz and I quotes. Nothing is hereby given

475
00:29:27,000 –> 00:29:30,000
that by the order of Federal High Courts ensued number

476
00:29:30,079 –> 00:29:35,720
facab JCS eight hundred and seventy one, twenty seventeen, dated

477
00:29:35,759 –> 00:29:39,720
the twentieth of September twenty seventeen, as further schedule to

478
00:29:39,759 –> 00:29:43,799
this notice, the activities of Indigenous People of Biafra declared

479
00:29:43,799 –> 00:29:46,200
to be terrorist and illegal in any part of the

480
00:29:46,240 –> 00:29:51,359
country Nigeria, especially in the Southeast South South region of Nigeria,

481
00:29:51,480 –> 00:29:55,000
is prescribed portioned to Session two of the Terrorism Prevention

482
00:29:55,160 –> 00:30:00,359
Act twenty eleven as amended two. Consequently, the general public

483
00:30:00,440 –> 00:30:03,440
is hereby warned that any person or group of persons

484
00:30:03,480 –> 00:30:07,000
participating in any manner whatever, in any form of activities

485
00:30:07,039 –> 00:30:10,839
involving or concerning the prosecution of the collective intention or

486
00:30:10,880 –> 00:30:13,960
otherwise of the said group, will be violating the provision

487
00:30:14,039 –> 00:30:17,440
of the Terrorism Prevention Act twenty eleven as amended and

488
00:30:17,519 –> 00:30:21,119
liable to prosecution. The import of the above is the

489
00:30:21,240 –> 00:30:24,480
beginning from the commencement date of the twentieth of September

490
00:30:24,519 –> 00:30:27,839
twenty seventeen, any person claiming to be a member of

491
00:30:27,880 –> 00:30:32,799
IPOB commits a terrorist act. The defendant by his broadcast

492
00:30:32,839 –> 00:30:35,759
of the eleventh of May twenty twenty the twelfth of

493
00:30:35,799 –> 00:30:39,480
December twenty twenty professed to be a member of prescribed group.

494
00:30:40,240 –> 00:30:42,960
Thus is the breach of Session one hundred and sixty

495
00:30:43,000 –> 00:30:47,640
one of the Terrorism Prevention Amendment Act twenty thirteen. Consequently,

496
00:30:47,799 –> 00:30:51,880
is hereby convicted of Count three on Count four and five,

497
00:30:52,319 –> 00:30:55,920
which are closely related. The defendant is charged with inciting

498
00:30:56,000 –> 00:30:58,519
members of the public in Nigeria to halt and kill

499
00:30:58,599 –> 00:31:02,839
Nigeria Security per personnel and their family members, thereby committing

500
00:31:02,839 –> 00:31:06,039
offense under Section one Sub two h of the Terrorism

501
00:31:06,079 –> 00:31:11,039
Prevention Amendment Act twenty thirteen. The Session provides as follows,

502
00:31:11,440 –> 00:31:14,480
any person of any person of body corporate who knowingly

503
00:31:14,599 –> 00:31:19,400
or outside Nigeria direct or indirectly, willingly, in sight, promises,

504
00:31:19,480 –> 00:31:22,720
or induces any other person by any means whatsoever to

505
00:31:22,720 –> 00:31:25,599
commit the act of terrorism or any of the offenses

506
00:31:25,680 –> 00:31:28,599
referred to in the Acts commits an offense under the

507
00:31:28,640 –> 00:31:32,160
Act and is liable to conviction to maximum of death sentence.

508
00:31:32,960 –> 00:31:36,480
The ingredients of the offense which the prosecution must establish

509
00:31:36,599 –> 00:31:40,599
beyond reasonable doubta One, the defendant must be person of

510
00:31:40,640 –> 00:31:46,799
body corporate. Two, the defendant must have directly or indirectly insights, promise,

511
00:31:46,880 –> 00:31:50,160
or induced other person by any means whatsoever to commit

512
00:31:50,240 –> 00:31:55,039
the consent Terrorism Act three. The defendant must have directly

513
00:31:55,200 –> 00:31:59,480
or indirectly incited, promised, or induced other persons by any

514
00:31:59,519 –> 00:32:03,160
means war soever to commit the terrorist Act willingly or knowingly.

515
00:32:03,920 –> 00:32:06,759
The defendant have been established to be a human being

516
00:32:06,799 –> 00:32:10,839
by the prosecution. For the second ingredient, it is important

517
00:32:10,880 –> 00:32:14,480
to understand what incitement means, and, according to Supreme Court

518
00:32:14,519 –> 00:32:18,039
by Nikito by d s of Blessed Memory, the incasser

519
00:32:18,119 –> 00:32:21,359
and the state citations applied hold and I quote. An

520
00:32:21,440 –> 00:32:25,039
encouragement here means an art of making someone to feel

521
00:32:25,119 –> 00:32:28,359
brave or confident enough to do something by giving active

522
00:32:28,400 –> 00:32:32,400
approval in support of the crime. Incitement also have the

523
00:32:32,440 –> 00:32:36,480
element of encouragement. By incitement, the person is provoked by

524
00:32:36,480 –> 00:32:40,039
a strong passion or feeling to commit an offense. The

525
00:32:40,119 –> 00:32:42,400
word set is a word of the word of quite

526
00:32:42,440 –> 00:32:46,119
a number of synonyms. The two words set on connotes

527
00:32:46,160 –> 00:32:49,960
the resemblance of casing to attack or chase like one

528
00:32:50,000 –> 00:32:52,720
may be say the future man prepare the bait to

529
00:32:52,799 –> 00:32:56,119
set on the fish. It also adds the element of

530
00:32:56,160 –> 00:33:00,880
antagonism and instigation. The art of instigating means something happened

531
00:33:00,920 –> 00:33:03,559
by the actions or conduct of a person who is

532
00:33:03,599 –> 00:33:07,720
the starter. By the act of instigation, the co accused

533
00:33:07,759 –> 00:33:11,799
is prepared or gingered to commit an offense. Likewise, the

534
00:33:11,839 –> 00:33:16,200
online Oxford Dictionary defines its incitements as follows the action

535
00:33:16,359 –> 00:33:21,960
of provoking unlawful behavior, urging someone to behave unlawfully. The

536
00:33:22,000 –> 00:33:26,279
Cambridge Dictionary also defines incitements as follows and I quote,

537
00:33:26,519 –> 00:33:28,960
the art of encouraging someone to do or to feel

538
00:33:29,000 –> 00:33:33,759
something unpleasant or violent. Drawing from the above definitions, the

539
00:33:33,839 –> 00:33:37,759
incitements involve provoking or instigating people to do an unlawful

540
00:33:37,799 –> 00:33:41,920
act in their instant terrorist acts. The prosecution has led

541
00:33:41,960 –> 00:33:45,680
evidence showing that the defendant made broadcasts in citing public

542
00:33:45,720 –> 00:33:49,079
to take up arms against the security personnel in Nigeria

543
00:33:49,200 –> 00:33:52,720
to kill them and their family members. The broadcast of

544
00:33:52,799 –> 00:33:55,960
twenty first day of October twenty twenty is contained in

545
00:33:56,000 –> 00:34:00,920
the PWW. The defendant said, and I quote, Radio Baffra

546
00:34:01,079 –> 00:34:03,440
is now in the hand of the enemy of our freedom.

547
00:34:04,200 –> 00:34:06,880
I don’t know how much they paid for it, but

548
00:34:07,000 –> 00:34:09,760
I know that Britain spent over four point eight billion

549
00:34:09,840 –> 00:34:13,119
a few days ago to suppress what is happening. That

550
00:34:13,320 –> 00:34:15,960
is what they have done. I told you a while

551
00:34:16,039 –> 00:34:18,440
back that Britain was now in charge of what is

552
00:34:18,480 –> 00:34:21,920
happening in the zoo, and you thought that I was joking.

553
00:34:22,400 –> 00:34:25,159
They have now come with their clampdown. But they are

554
00:34:25,159 –> 00:34:29,559
now going They are not going to succeed. Radio Biaffra

555
00:34:29,639 –> 00:34:32,519
belonged to us. But why is it not playing out

556
00:34:32,559 –> 00:34:36,719
our program right now? The defendant also stated, I am

557
00:34:36,760 –> 00:34:39,920
telling you people to go to the bush. Whenever you

558
00:34:40,000 –> 00:34:43,760
see a military convoy, you attack them. Whenever you see

559
00:34:43,760 –> 00:34:47,800
a police convoy, attack them. They are human beings. And

560
00:34:47,880 –> 00:34:50,840
they also beat any person with a police uniform or

561
00:34:50,880 –> 00:34:54,719
any army. Any army uniform is an enemy of the people.

562
00:34:56,000 –> 00:34:59,960
Around fifty seven minutes to this video mark, the defender stated,

563
00:35:00,119 –> 00:35:03,800
and I quote they came to Tanubu. It is surprised

564
00:35:03,800 –> 00:35:07,320
that after British High Commissioner came to Tanubu they opened

565
00:35:07,320 –> 00:35:11,559
fire on protesters in Lagos. You should know that the

566
00:35:11,599 –> 00:35:14,800
woman is a devil, a big, big devil. She too

567
00:35:14,880 –> 00:35:18,360
will go we get a common pence. The defendant was

568
00:35:18,440 –> 00:35:22,280
referring to Katrina Lang, the British High commissioner. At that time,

569
00:35:23,039 –> 00:35:25,960
the defendant also said, from what will happen in Abba

570
00:35:26,079 –> 00:35:29,480
between today and tomorrow? We tell you how serious we are.

571
00:35:30,239 –> 00:35:33,800
Every police officer with uniform. Once you come out from

572
00:35:33,800 –> 00:35:36,639
your house with police uniform, you are a dead man.

573
00:35:37,360 –> 00:35:40,960
Working callers were calling in from from places like Abba,

574
00:35:41,519 –> 00:35:45,840
like tollgates and other parts of Lagos, Abaden, Abuja, Jos

575
00:35:46,159 –> 00:35:50,840
Arby Estate. Even one Jacob called from Nasarawa State and

576
00:35:50,920 –> 00:35:53,920
the defendant kept giving orders for these callers and other

577
00:35:54,000 –> 00:35:58,239
listeners to kill every police and soldiers. The defendant even

578
00:35:58,320 –> 00:36:01,960
told the people how to build an provised bombs. He

579
00:36:02,000 –> 00:36:04,639
asked them to go to fillings station to get fuel

580
00:36:04,719 –> 00:36:07,320
in a bottle and put a rag in it. Then

581
00:36:07,360 –> 00:36:09,599
they should set the rag at ablaze and throw it

582
00:36:09,639 –> 00:36:13,079
at soldier’s In responding to a call a call from

583
00:36:13,079 –> 00:36:16,440
Abouja in that same broadcast of the twentieth of October

584
00:36:16,480 –> 00:36:20,559
twenty twenty one, the defendant, while inciting his listener to

585
00:36:20,599 –> 00:36:24,639
attack the relative of security personnel stated, and I quote

586
00:36:24,880 –> 00:36:28,719
that every commander they have given his name feeds find

587
00:36:28,760 –> 00:36:31,920
his children. I want to get him in trouble. When

588
00:36:31,920 –> 00:36:34,280
they take me to court and ask why I said

589
00:36:34,360 –> 00:36:38,360
such thing. I will tell them why. Find the commander.

590
00:36:38,639 –> 00:36:41,840
His name is if Ou you matter, find his children,

591
00:36:42,159 –> 00:36:45,320
Find his children, the commander of those on the ground.

592
00:36:45,360 –> 00:36:51,119
Find their children, very very important. Find their children unquote.

593
00:36:51,159 –> 00:36:54,599
This defendant went further than and I quote. Start attacking

594
00:36:54,639 –> 00:36:59,559
the police. Take the guns, use them against them, manufacture

595
00:36:59,599 –> 00:37:04,760
monoto of cocktail, manufacture bombs to bomb them. The defendant

596
00:37:04,840 –> 00:37:09,440
asked about two hours, forty four minutes thirty five second mark.

597
00:37:09,840 –> 00:37:12,440
While concurring with a caller who informed him of the

598
00:37:12,440 –> 00:37:16,119
intention of him other IPOB members to burn down the

599
00:37:16,159 –> 00:37:20,760
Ezima police station, stated not only one. I want every

600
00:37:20,760 –> 00:37:24,519
police station in Abber to be destroyed, completely destroyed and

601
00:37:24,599 –> 00:37:28,760
burn them down. It is an order destroying them completely.

602
00:37:29,000 –> 00:37:32,519
Anybody who see them with police uniform. Kill the person.

603
00:37:33,000 –> 00:37:37,800
Nigeria wants anarchy, we will give them. And in another broadcast,

604
00:37:38,119 –> 00:37:42,280
the defendant, while responding to a caller, stated this new

605
00:37:42,320 –> 00:37:45,840
people must devise strategy to outfit the army. There are

606
00:37:45,840 –> 00:37:48,599
some guns in those states right now as we speak.

607
00:37:49,440 –> 00:37:51,679
Use those guns to kill one or two of their

608
00:37:51,800 –> 00:37:55,360
army offices. Take the guns and begin to kill other

609
00:37:55,440 –> 00:37:59,559
people as well. Begin because they cannot sustain this protest

610
00:37:59,599 –> 00:38:03,440
for three years three weeks. There are guns in Edo

611
00:38:03,559 –> 00:38:07,599
states already kill the army. Whenever you see them, take

612
00:38:07,639 –> 00:38:10,960
the guns and kill them. The incitement of the defendant

613
00:38:11,000 –> 00:38:14,119
for the public to kill security personnel is quite clear

614
00:38:14,199 –> 00:38:18,960
from its big blockers. Not only incitement to kill security offices,

615
00:38:19,440 –> 00:38:22,519
the defendant even went as far as inciting the public

616
00:38:22,559 –> 00:38:26,840
to destroy all properties of federal government during the Ensis

617
00:38:26,880 –> 00:38:30,639
protest of the twentieth of October twenty twenty. The defendant

618
00:38:30,679 –> 00:38:34,119
in another live dated the twentieth of October twenty twenty,

619
00:38:34,519 –> 00:38:37,719
the defendant, while responding to calls from his foot soldier

620
00:38:37,840 –> 00:38:40,840
during the protest, stated, and I quote, if you leave

621
00:38:40,880 –> 00:38:43,920
the Janjui in their agents, the way they operate, if

622
00:38:44,000 –> 00:38:46,880
you leave them, believe you will you believe me, you

623
00:38:46,920 –> 00:38:51,039
will suffer That very hotel must be brought down. I

624
00:38:51,159 –> 00:38:54,400
did not say set ablaze. It must be demolished as

625
00:38:54,400 –> 00:38:57,760
an example to the rest. If you have not dealt

626
00:38:57,960 –> 00:39:01,400
with Tanubu in Lagos, the other will not learn their lesson.

627
00:39:02,119 –> 00:39:05,800
Tanubu is an evil man. The hotel refers here to

628
00:39:05,880 –> 00:39:09,639
his Oriental Hotel in Lagos, which the defendant alleged belonged

629
00:39:09,639 –> 00:39:14,039
to Tanubu. While responding to a caller, the defendant urged

630
00:39:14,039 –> 00:39:17,159
his callers to ambush forces during the protest and cut

631
00:39:17,239 –> 00:39:21,320
him off. He said, and I quote, go to the bush.

632
00:39:21,559 –> 00:39:24,360
You need to cut him off from the back. Ambush them,

633
00:39:24,719 –> 00:39:27,599
take the guns from them and kill them. They are

634
00:39:27,639 –> 00:39:31,519
animals and not human beings. They may be wearing uniforms

635
00:39:31,639 –> 00:39:35,599
like police or soldier, but they are animals. Disarm them

636
00:39:35,639 –> 00:39:38,719
and kill them. If you allow them to escape, your

637
00:39:38,760 –> 00:39:41,880
life is over. And I want Lagos airports to be

638
00:39:41,960 –> 00:39:45,119
on flame. Breach the perimeter fence and burn down the

639
00:39:45,199 –> 00:39:49,320
Lagos airport. If you have double barrel or pistol, go

640
00:39:49,360 –> 00:39:53,320
to the airport and burn it down, said Muratala Mohammad.

641
00:39:53,360 –> 00:39:57,039
Airport on fire, set it ablaze right now. You are

642
00:39:57,079 –> 00:40:02,199
dealing with animals Fulani Janjawi. They do not reason. It

643
00:40:02,280 –> 00:40:05,320
is important to state that the said hotels and Matala

644
00:40:05,360 –> 00:40:09,199
Mohammad Airport and other property in Lagos they are not

645
00:40:09,280 –> 00:40:11,760
in the north. They are not in the north where

646
00:40:11,800 –> 00:40:15,400
it seemed to hate with passion. Even his own fellow

647
00:40:15,440 –> 00:40:19,480
Igbo’s people have property in Lagos. With destroying the property

648
00:40:19,639 –> 00:40:23,800
is said to be agitation for self determinations. The threats

649
00:40:23,800 –> 00:40:27,119
and destruction which follow were corroborated in Exhibit p w

650
00:40:27,440 –> 00:40:30,280
D two, which is a pictorial picture of the assessment

651
00:40:30,400 –> 00:40:33,360
of damage done to the Nigerian police alone in the

652
00:40:33,400 –> 00:40:37,400
state of Southern States. So many of these police stations

653
00:40:37,440 –> 00:40:40,079
and even police offices were killed as a result of

654
00:40:40,119 –> 00:40:44,320
the incitement by the defendant. Also exhibit p w D

655
00:40:44,519 –> 00:40:47,360
two A, which is a compilation of death reports and

656
00:40:47,440 –> 00:40:51,639
certificate of death of security offices. In the report, the

657
00:40:51,719 –> 00:40:54,360
number of police officers who were killed was given as

658
00:40:54,400 –> 00:40:58,519
one hundred twenty eight, Military offices were thirty seven, other

659
00:40:58,599 –> 00:41:02,239
security offices as ten. A number of police stations attacked

660
00:41:02,239 –> 00:41:05,800
were one hundred and sixty four a neck facilities destroyed

661
00:41:06,000 –> 00:41:09,599
were nine in number. This clearly shows the extent of

662
00:41:09,679 –> 00:41:14,239
damage caused by the defendant through his inciting statements. Another

663
00:41:14,320 –> 00:41:17,760
caller called in into the program, informing the defendant that

664
00:41:17,840 –> 00:41:20,239
he was at a shoddier Parper expressway and that they

665
00:41:20,239 –> 00:41:24,800
are killing them. The defendant, annoyed by this information, stated

666
00:41:24,800 –> 00:41:27,639
for and I quote, how many police or army did

667
00:41:27,679 –> 00:41:30,360
you kill? I don’t want to hear that they are

668
00:41:30,440 –> 00:41:33,880
killing you. How many did you kill? The caller then

669
00:41:33,960 –> 00:41:36,800
responded that they have bombed the Aarrille police station and

670
00:41:36,880 –> 00:41:40,800
a laser police station. The defendant then told the caller

671
00:41:40,880 –> 00:41:43,719
not to wave the green white green flag of Nigeria,

672
00:41:43,760 –> 00:41:47,480
but a blood stained flag with the color green white.

673
00:41:47,719 –> 00:41:50,679
He further responded to another caller by saying, what I

674
00:41:50,760 –> 00:41:52,840
want them to do is to set a blaze building

675
00:41:52,840 –> 00:41:56,840
a long marina on fire. Every federal government property in

676
00:41:56,920 –> 00:41:59,719
Lagos should be burnt. That is what is going to

677
00:41:59,760 –> 00:42:03,159
be to the world that people have had enough. I

678
00:42:03,280 –> 00:42:06,760
want every federal government building in Lagos will be on fire.

679
00:42:07,559 –> 00:42:11,400
Every federal government vehicle or anything belonging to federal government.

680
00:42:11,440 –> 00:42:15,599
Burn it. Go to the Matala Mohammad Airport, burn it.

681
00:42:15,920 –> 00:42:19,920
How many soldiers do they have? Manufacture your own weapons

682
00:42:19,920 –> 00:42:23,000
and ambush them. The result of this incitement is the

683
00:42:23,119 –> 00:42:28,519
killing of several military offices, police offices, DSS offices. The

684
00:42:28,639 –> 00:42:32,360
incitements also led to the destruction of several police stations

685
00:42:32,400 –> 00:42:36,440
in Lagos across the southern states of Nigeria. According to

686
00:42:36,480 –> 00:42:39,519
p W five, He led a team of offices to

687
00:42:39,559 –> 00:42:43,079
investigate the destruction and killing of the security personnel that

688
00:42:43,119 –> 00:42:46,599
occurred during the enss protest of the twentieth of October

689
00:42:46,639 –> 00:42:53,199
twenty twenty as contained in NDBPWD two and PWD two K.

690
00:42:54,159 –> 00:42:57,559
The results were quite alarming. The Court is mindful not

691
00:42:57,639 –> 00:43:00,800
to attribute all the happening during the Enzies protest on

692
00:43:00,880 –> 00:43:04,800
the defendant. However, there is no doubt that the incitement

693
00:43:04,960 –> 00:43:08,239
by the defendant contributed largely to the killing of security

694
00:43:08,280 –> 00:43:12,800
operatives as well as destruction of public properties. The defendant

695
00:43:12,840 –> 00:43:16,760
incited people to destroy properties such as the Alasa Police Station,

696
00:43:17,320 –> 00:43:21,320
other police stations and properties of this government. The evidence

697
00:43:21,360 –> 00:43:24,480
before this Court shows that the said properties were actually

698
00:43:24,519 –> 00:43:27,880
destroyed such as Alasa Police Station, the High Court of

699
00:43:27,960 –> 00:43:31,079
Lagos in Igbo Srey as well as pat buses belonging

700
00:43:31,079 –> 00:43:35,239
to Lagos State Government in Euingbo. P W two also

701
00:43:35,360 –> 00:43:38,800
testified that military couples were killed by those incited by

702
00:43:38,840 –> 00:43:42,920
the defendant in Orlu in Imo State. In addition, p

703
00:43:43,239 –> 00:43:45,599
W Force stated that his driver and one of his

704
00:43:45,719 –> 00:43:49,000
tactical offices were killed as a result of the incitements.

705
00:43:49,800 –> 00:43:52,159
The action of the defendant were clear as it was

706
00:43:52,199 –> 00:43:55,920
aimed to cause anarchy by killing security operatives in Nigeria,

707
00:43:56,000 –> 00:43:58,320
which would in turn lead to break down of law

708
00:43:58,400 –> 00:44:01,960
and order, the Tendance Act, and of an evil intention

709
00:44:02,119 –> 00:44:06,840
to havoc, create wreck sorry, to create to wreck havoc

710
00:44:06,880 –> 00:44:10,320
on the people and government of Nigeria. Are all these

711
00:44:10,400 –> 00:44:15,119
actions consistent with agitation for self determinations the actions to

712
00:44:15,159 –> 00:44:20,760
this sorry, The answer to this is innegative. His violent outbursts,

713
00:44:20,800 –> 00:44:23,599
as well as his instigations of the public to attack

714
00:44:23,639 –> 00:44:27,760
and kill security offices in southern Nigeria without provocation, was

715
00:44:27,840 –> 00:44:32,639
done barbaric and without any conscience whatsoever. The defendant did

716
00:44:32,679 –> 00:44:35,559
not feel any concern for the family of the offices

717
00:44:35,599 –> 00:44:39,119
who were strained. He turned himself to a tyrant who

718
00:44:39,119 –> 00:44:43,159
could take life any time he pleased. Such persons cannot

719
00:44:43,199 –> 00:44:46,920
be allowed to remain in society of sane minds. His

720
00:44:47,039 –> 00:44:50,880
shocking instigations to kill other human being was incomprehensible and

721
00:44:51,000 –> 00:44:54,400
these court hereby condemn it. But I must say that

722
00:44:54,519 –> 00:44:58,079
evidence extracted in this judgment is minute and very small

723
00:44:58,119 –> 00:45:01,079
to the avalanche of evidence and broad cast before these

724
00:45:01,199 –> 00:45:05,960
courts by the defendant. The defendant made extremely threatening statements

725
00:45:06,000 –> 00:45:10,880
incited people to violence. The prosecution unsuccessfully discharged his body

726
00:45:10,880 –> 00:45:15,679
of proof in counts four and five beyond reasonable doubt Consequently,

727
00:45:16,039 –> 00:45:19,079
the defendant is hereby convicted of the said count four

728
00:45:19,480 –> 00:45:24,360
five now Count six for Count six. The defendant charged

729
00:45:24,360 –> 00:45:27,280
with the offense of making a broadcast received and heard

730
00:45:27,320 –> 00:45:30,480
in Nigeria within the juris of this Court in furtherance

731
00:45:30,519 –> 00:45:33,639
of an art of terrorism against the Federal Republic of

732
00:45:33,719 –> 00:45:36,840
Nigeria and the people of Nigeria, in which he directed

733
00:45:36,920 –> 00:45:41,000
members of the Indigenous Peoples of Biafra, a prescribed organization,

734
00:45:41,079 –> 00:45:45,199
to manufacture bombs, thereby committing an offense punishable under Section

735
00:45:45,280 –> 00:45:49,400
one two F of the Terrorism Prevention Amendment Act twenty thirteen.

736
00:45:50,280 –> 00:45:53,960
Section one two F of the Terrorism Prevention Act twenty

737
00:45:54,000 –> 00:45:57,280
thirteen provides a person or body corporate who know fully,

738
00:45:57,760 –> 00:46:04,400
knowingly in or outside Nigeria directly or indirectly, willingly assists, felicitates, organizes,

739
00:46:04,559 –> 00:46:08,719
or directs the activities of person organization engaged in any

740
00:46:08,760 –> 00:46:12,800
act of terrorism. The ingredients of the offense expected to

741
00:46:12,800 –> 00:46:16,079
be established A. One the defendant must be a person

742
00:46:16,199 –> 00:46:22,159
or body corporate. Two, the defendant must have assisted, facilitated, organized,

743
00:46:22,280 –> 00:46:26,159
or directed the activities of person or organization engaged in

744
00:46:26,280 –> 00:46:34,119
terrorist activities. Three the defender must have willingfully or willingly, assisted, facilitated, organized,

745
00:46:34,239 –> 00:46:39,719
or directed the activities of persons organization engaging terrorist acts.

746
00:46:39,800 –> 00:46:43,159
The defendants herein have been established to be a human being.

747
00:46:43,599 –> 00:46:47,039
As to the second and third ingredient, the defendant, the

748
00:46:47,119 –> 00:46:51,119
prosecution has led evidence to show that defendant has directed

749
00:46:51,159 –> 00:46:55,679
membership of the terrorist organization to build bonds other explosives

750
00:46:55,679 –> 00:46:59,239
in order to attack security operatives, Indeed, in full dance

751
00:46:59,280 –> 00:47:02,719
of its terrorists actions and following the incitement of person

752
00:47:02,880 –> 00:47:07,039
to kill defendant security operative, the defendant also directed his

753
00:47:07,199 –> 00:47:12,159
members to build explosive devices, particularly Molotov cocktail. About one

754
00:47:12,280 –> 00:47:15,639
thirtieth of a minute thirty six seconds of the broadcast

755
00:47:15,679 –> 00:47:19,119
of the twentieth of October twenty twenty, as contained in

756
00:47:19,239 –> 00:47:24,000
Exhibit PWW, the defendant, while responding to a caller about

757
00:47:24,119 –> 00:47:27,960
ensis protest, stated, and I quote now this night, I

758
00:47:28,079 –> 00:47:31,760
want graduates to go to work, graduates of chemical engineering,

759
00:47:32,159 –> 00:47:36,559
those who were born as engineers. Manufacture any ordinance you can,

760
00:47:36,599 –> 00:47:39,320
because they are coming to kill you anyway, regardless of

761
00:47:39,360 –> 00:47:43,639
what you do. Go and manufacture any ordinance. I am

762
00:47:43,719 –> 00:47:45,920
calling on the youth in the Middle Belt, and I

763
00:47:45,960 –> 00:47:48,599
want any bridge that they can use to reinforce to

764
00:47:48,639 –> 00:47:51,800
be destroyed. They are going to come from the Middle

765
00:47:51,840 –> 00:47:56,400
Belt this night. We have engineers everywhere. People who are intelligent.

766
00:47:56,880 –> 00:47:59,360
Go back now and give us your own version of

767
00:47:59,400 –> 00:48:03,800
Molotov cocktail. We must destroy them before they destroy us.

768
00:48:04,119 –> 00:48:08,760
Every youth tonight tonight. Anybody with a police uniform anywhere,

769
00:48:09,119 –> 00:48:13,440
especially in Abba in Lagos. Once you have police uniform

770
00:48:13,559 –> 00:48:17,079
or any or any army uniform, that person is your enemy.

771
00:48:17,800 –> 00:48:20,679
Attack them because if you don’t, they will kill you.

772
00:48:21,199 –> 00:48:24,119
If you are a graduate of physics or chemistry, no

773
00:48:24,320 –> 00:48:28,400
sleep for you tonight, go and manufacture something to destroy

774
00:48:28,480 –> 00:48:32,719
the police and every army police position starting from this night.

775
00:48:33,559 –> 00:48:37,159
During the said broadcast, while responding to a caller named

776
00:48:37,239 –> 00:48:41,000
Jacob from Nasarawa State, the defendant even told the people

777
00:48:41,039 –> 00:48:44,280
how to build an improvised bomb. He asked them to

778
00:48:44,320 –> 00:48:46,880
go to filling station to get fuel in a bottle,

779
00:48:47,280 –> 00:48:49,039
put a rag in it that then they should set

780
00:48:49,079 –> 00:48:53,199
the ragoblaze and throw it at a soldier. A Molotov cocktail,

781
00:48:53,480 –> 00:48:56,400
according to Wikipedia dot com that I assess at one

782
00:48:56,440 –> 00:48:59,360
a m on the twentieth of November twenty twenty five,

783
00:48:59,760 –> 00:49:03,559
a hand drawn incendiary weapon consisting of a fragile container

784
00:49:03,599 –> 00:49:06,960
filled with flammable substances equipped with a fusee. In use,

785
00:49:07,800 –> 00:49:10,159
the fusee attached to the container is lit and the

786
00:49:10,199 –> 00:49:14,840
weapon is thrown, scattering on impact. The online Britannica Dictionary

787
00:49:14,880 –> 00:49:18,519
defined Molotov’s cocktail as a crude bomb, typically consisting of

788
00:49:18,599 –> 00:49:21,440
bottle filled with inflammable liquids and a wick that is

789
00:49:21,480 –> 00:49:26,519
ignited before throwing. Applying the above definition, the directive of

790
00:49:26,559 –> 00:49:29,480
the defendant to members of the group to build improvised

791
00:49:29,519 –> 00:49:32,920
bombs such as Molotov’s cocktail is indeed a terrorist act.

792
00:49:33,679 –> 00:49:37,679
A Molotov cocktail is capable of causing explosions damaged like

793
00:49:37,719 –> 00:49:42,119
any other bombs which aim is to cause destruction. This directive,

794
00:49:42,679 –> 00:49:46,199
like all that directive, is the manifestation of anarchy minded

795
00:49:46,239 –> 00:49:49,559
of the sorry of the anarchy minded of the Defendant,

796
00:49:49,599 –> 00:49:52,679
which he set out to express through his Biafra Radio,

797
00:49:53,119 –> 00:49:56,880
which he claimed to be the founder and director. The Defendant,

798
00:49:56,880 –> 00:50:00,920
through the Radio Biafra platform, carried outside so many terrorist

799
00:50:00,960 –> 00:50:03,920
attacks which led to the destruction of lives and property

800
00:50:03,960 –> 00:50:08,639
in Nigeria. The Defendant is not only confirmed to local terrorists,

801
00:50:08,960 –> 00:50:11,920
but I hold without hesitation that he is an international

802
00:50:12,039 –> 00:50:15,320
terrorist flowing from his threat to attack British High commission

803
00:50:15,400 –> 00:50:18,440
and American embassy, as well as his incitement against the

804
00:50:18,480 –> 00:50:22,159
British High Commissioner to Nigeria at the time, Katrina Lang,

805
00:50:22,440 –> 00:50:25,639
a known woman of peace. In a broadcast of the

806
00:50:25,679 –> 00:50:29,599
twenty first of October twenty twenty, the defenders stated thus,

807
00:50:29,840 –> 00:50:32,920
and I quote, Radio Beaffra is now in the hand

808
00:50:32,960 –> 00:50:35,920
of the enemy of our freedom. I don’t know how

809
00:50:36,000 –> 00:50:38,760
much they paid for it, but I know that Britain

810
00:50:38,800 –> 00:50:41,679
spent about four point eight billion a few days ago

811
00:50:41,760 –> 00:50:45,559
to suppress what is happening. That is what they have done.

812
00:50:45,800 –> 00:50:48,239
I told you a while back that Britain was now

813
00:50:48,280 –> 00:50:51,159
in charge of what is happening in the zoo, and

814
00:50:51,280 –> 00:50:54,039
you thought that it was joke. They have now come

815
00:50:54,119 –> 00:50:57,000
with their clampdown, but they are not going to succeed.

816
00:50:57,920 –> 00:51:01,159
Radio Beaffra belonged to us, But why is it not

817
00:51:01,239 –> 00:51:05,599
playing our program right now? The defendant also stated, I

818
00:51:05,639 –> 00:51:08,920
am telling you people to go to the bush. Wherever

819
00:51:08,960 –> 00:51:12,559
you see a military convoy, you attack them. Whenever you

820
00:51:12,639 –> 00:51:16,440
see a police convoy, attack them. They’re human beings and

821
00:51:16,559 –> 00:51:20,159
they are they also bleed. Any person with a police

822
00:51:20,280 –> 00:51:24,480
uniform or any army uniform is your enemy. Around fifty

823
00:51:24,519 –> 00:51:27,599
seven minutes mark into that, the defendant directed his threat

824
00:51:27,599 –> 00:51:31,679
at Katrina Lang, the British High Commissioner. He stated, and

825
00:51:31,800 –> 00:51:35,079
I quote they came to Tanubu. It is a surprise

826
00:51:35,199 –> 00:51:38,559
that after the British Commissioner came to Tanubu, they opened

827
00:51:38,559 –> 00:51:42,320
fire on protesters in Lagos. You should not be shocked.

828
00:51:42,599 –> 00:51:46,440
The woman is dead. Is Demure a big pig demon

829
00:51:46,760 –> 00:51:50,079
demon one hour, eight minutes, three hundred and thirty five

830
00:51:50,199 –> 00:51:53,880
second mark. The defendant also stated, and I quote this

831
00:51:54,000 –> 00:51:56,480
the same thing that Britain Didterea in what they are

832
00:51:56,519 –> 00:52:00,199
doing to us now, media blackout? Do you want the

833
00:52:00,239 –> 00:52:04,039
world to report this issue? Take over the British High Commission,

834
00:52:04,440 –> 00:52:08,280
that is all, take over the consulate in Lagos, take

835
00:52:08,280 –> 00:52:11,639
over the one in Abuja. Every newspaper in the world

836
00:52:11,679 –> 00:52:14,320
will report it in the morning. If you march on

837
00:52:14,400 –> 00:52:17,960
the British High Commissioner Commission in warning front pages in

838
00:52:18,000 –> 00:52:21,400
the world will carry it and the world will ask

839
00:52:21,480 –> 00:52:24,800
why is British British Commission in Abuja and Lagos under

840
00:52:24,800 –> 00:52:29,280
occupation by Nigerian youth? Then it is over. I’m giving

841
00:52:29,280 –> 00:52:32,599
you a master strategy of how things should be done

842
00:52:32,639 –> 00:52:36,079
in a formation of three lines. There is something I

843
00:52:36,159 –> 00:52:38,880
want you to do. I’m announcing it on air so

844
00:52:39,039 –> 00:52:43,199
you understand. People should go to every weather shop you know,

845
00:52:43,280 –> 00:52:46,519
those who build bullets proof door. I don’t care how

846
00:52:46,599 –> 00:52:50,079
much it costs. We will pay everybody who is a

847
00:52:50,119 –> 00:52:53,599
weather who builds bulletproof. People should take those doors and

848
00:52:53,639 –> 00:52:56,280
put nails in front of them and stand in front

849
00:52:56,280 –> 00:52:59,880
of protesters so that bullets cannot go through. Push the

850
00:53:00,719 –> 00:53:03,320
get the weapons and deal with them. When you are

851
00:53:03,360 –> 00:53:07,639
marching to the British High Commissioner Commission tomorrow form three lines,

852
00:53:08,440 –> 00:53:11,480
they will have the army surrounding them. They will send

853
00:53:11,519 –> 00:53:14,519
a cable to London that British High Commission in Lagos

854
00:53:14,599 –> 00:53:17,719
is under attack. They will be forced to release it.

855
00:53:18,199 –> 00:53:20,719
Then the whole world will know that a revolution is

856
00:53:20,800 –> 00:53:26,440
going on. Without that, you cannot succeed unquote. Even recently

857
00:53:26,480 –> 00:53:29,320
in this court room, on the seventh day of November

858
00:53:29,320 –> 00:53:32,840
twenty twenty five, when the matter came up before this court,

859
00:53:33,119 –> 00:53:35,679
the court wondered the kind of malice and hatred which

860
00:53:35,679 –> 00:53:39,320
the defendant had for Britain. I will produce same part

861
00:53:39,400 –> 00:53:43,679
of the proceedings of that day here too, Defendant, He says,

862
00:53:43,679 –> 00:53:46,000
there are issues of play which my lord has not

863
00:53:46,079 –> 00:53:50,079
able to overcome, which even the prosecution has not even

864
00:53:50,119 –> 00:53:53,760
attempted to overcome. My Lord, are you asking me to

865
00:53:53,840 –> 00:53:56,400
go into the doors to defend myself on a non

866
00:53:56,440 –> 00:53:59,880
existent law? If you can state that for the record,

867
00:54:00,360 –> 00:54:02,880
my Lord, I will be most grateful that you are

868
00:54:02,920 –> 00:54:05,440
going to try me or ask me to enter my

869
00:54:05,559 –> 00:54:10,039
defense where no law exists. Because if that is the position,

870
00:54:10,599 –> 00:54:13,559
my Lord, that means that the outcome of my trial

871
00:54:13,639 –> 00:54:18,239
is predetermined. A man of mine, my stats, my station

872
00:54:18,360 –> 00:54:22,000
and caliber cannot be tried without any valid law. It

873
00:54:22,079 –> 00:54:26,000
is impossible, my Lord. I will tell you why this

874
00:54:26,320 –> 00:54:29,400
was the case. This very case is bigger than this court.

875
00:54:29,840 –> 00:54:32,480
The cause of the case of mine started in nineteen

876
00:54:32,599 –> 00:54:35,159
fifty seven, when some brave men and women in this

877
00:54:35,360 –> 00:54:38,559
very country dare to ask the British to live. The

878
00:54:38,639 –> 00:54:41,679
funniest thing is that all of them that very effort,

879
00:54:42,000 –> 00:54:45,360
they all went to jail and were killed. Court. I’m

880
00:54:45,440 –> 00:54:49,679
learning this now, then ask the British to leave Defendant. Yes.

881
00:54:50,079 –> 00:54:54,360
In nineteen fifty seven, Drive Antony Enna Horo moved a

882
00:54:54,400 –> 00:54:57,119
motion at the House in Legos asking the white men

883
00:54:57,159 –> 00:55:01,320
to go and leave us alone. From that day trouble started.

884
00:55:01,360 –> 00:55:04,440
Even before then, the like of Harbard Macaulay was jailed,

885
00:55:05,159 –> 00:55:08,599
honorable honorable men that fought for the indignity of the

886
00:55:08,639 –> 00:55:14,360
black race. Because they want me convicted. They told me so, absolutely,

887
00:55:14,800 –> 00:55:19,639
my lord, absolutely, one hundred percent. They told me, they said,

888
00:55:19,880 –> 00:55:22,000
I will come to court to see to hear your

889
00:55:22,079 –> 00:55:26,480
case when prosecutions open their case, when you start your

890
00:55:26,480 –> 00:55:30,760
cross examination, when you refuse your no case submission. I

891
00:55:30,840 –> 00:55:33,320
am telling you what happened a year and half ago.

892
00:55:33,880 –> 00:55:36,840
When you file your no case submission and is rejected,

893
00:55:37,239 –> 00:55:40,119
you will not go into trial. You will be there

894
00:55:40,199 –> 00:55:44,039
during the verdict. You will be there during convictions. The

895
00:55:44,039 –> 00:55:48,000
court now responded, let me just clarify this. It is

896
00:55:48,039 –> 00:55:50,599
also on record you said that the British said that

897
00:55:50,719 –> 00:55:52,920
one year and half ago, that I was not the

898
00:55:52,960 –> 00:55:56,239
one presiding here. I want to say this that I

899
00:55:56,320 –> 00:55:59,199
know my brother too that was a certain. It will

900
00:55:59,199 –> 00:56:01,679
not get into that level of having anything to do

901
00:56:01,760 –> 00:56:04,599
anything because the way you are putting it. I want

902
00:56:04,639 –> 00:56:08,000
to say this, I do not have any relationship with

903
00:56:08,039 –> 00:56:12,079
the British. I have come here to do justice. I reiterate,

904
00:56:12,480 –> 00:56:15,239
can you commence your defense so that if you commence today,

905
00:56:15,599 –> 00:56:18,119
I can extend time for you, because your time has

906
00:56:18,239 –> 00:56:20,880
ended today. For the US Embassy, it will have been

907
00:56:20,920 –> 00:56:23,360
attacked if not for the closure as a result of

908
00:56:23,400 –> 00:56:26,239
the protest. The defendant, at about two twenty two to

909
00:56:26,280 –> 00:56:29,639
two hours twenty four minutes fifty seconds mark of the

910
00:56:29,719 –> 00:56:33,480
video of twenty first day of October twenty twenty broadcast

911
00:56:33,519 –> 00:56:39,679
in LGBTWW stated, American Embassy is shut down? Why won’t

912
00:56:39,679 –> 00:56:43,880
they shut down? People are protesting? This statement regarding the

913
00:56:43,920 –> 00:56:47,960
Embassy of United States of America is quite loaded. The

914
00:56:48,039 –> 00:56:52,039
statement could mean several things, none which are palatable or peaceful.

915
00:56:52,719 –> 00:56:56,079
What exactly does the defendant mean by the American Embassy

916
00:56:56,159 –> 00:56:59,559
is shut down? Was he trying to attack the embassy

917
00:56:59,599 –> 00:57:01,599
if it had does not shut down as a result

918
00:57:01,639 –> 00:57:04,199
of protest or incite order to do same as he

919
00:57:04,280 –> 00:57:07,880
did in British embassy. The inference to be drawn from

920
00:57:07,880 –> 00:57:10,480
the statement is that the defendant meant to do harm

921
00:57:10,519 –> 00:57:13,760
to the Embassy of United States by attacking or invading

922
00:57:13,800 –> 00:57:18,360
the embassy. Under international law, the premises of an embassy

923
00:57:18,440 –> 00:57:21,599
or high commission of a foreign nation is deemed invaluable.

924
00:57:22,320 –> 00:57:25,440
That means that even though the land belongs to host country,

925
00:57:25,760 –> 00:57:29,800
it cannot invade such premises. See Article twenty two of

926
00:57:29,880 –> 00:57:34,599
Vienna Convention on Diplomatic Relationship. Article twenty two of Vienna

927
00:57:34,679 –> 00:57:39,559
Convention on Diplomatic relations nineteen sixty one. It provides the

928
00:57:39,599 –> 00:57:43,199
premises of missions shall be invaluable. The agent of the

929
00:57:43,239 –> 00:57:46,239
receiving state may not enter them except with the consent

930
00:57:46,360 –> 00:57:50,159
of the head of the omission. Two. The receiving state

931
00:57:50,239 –> 00:57:53,280
is under special duty to take all appropriate steps to

932
00:57:53,320 –> 00:57:57,119
protect the premisses of the mission against any intrusion or damage,

933
00:57:57,119 –> 00:57:59,559
and to prevent any disturbance of the peace of the

934
00:57:59,559 –> 00:58:04,320
mission impairment of its dignity. Three. The premises of the mission,

935
00:58:04,679 –> 00:58:07,559
their furnishings and other properties therein, and the means of

936
00:58:07,639 –> 00:58:11,159
transport or the mission shall be immune from searched acquisitions,

937
00:58:11,440 –> 00:58:15,400
attachment or execution. From the above, it can be said

938
00:58:15,400 –> 00:58:19,760
that defendant incited for people to invade British High Commission

939
00:58:19,840 –> 00:58:23,119
and his threat against British High Commissioner Katrina and American

940
00:58:23,159 –> 00:58:27,039
Embassy is an act of international terrorism. This is the

941
00:58:27,079 –> 00:58:30,719
purpose of Session three of the Terrorism Prevention Amendment Act

942
00:58:30,760 –> 00:58:34,639
twenty thirteen, which provides, and I quote any person who

943
00:58:34,679 –> 00:58:39,039
intentionally murder, kidnap, commits other attacks on persons or liberty

944
00:58:39,039 –> 00:58:44,000
of an international protected persons. B carries out violent attack

945
00:58:44,039 –> 00:58:48,280
on official premises, private accommodation or means of transport of

946
00:58:48,320 –> 00:58:51,880
an international protected person in a manner likely to endanger

947
00:58:51,920 –> 00:58:56,119
his person or liberty. C. Threatening to commit any such

948
00:58:56,159 –> 00:58:59,440
attack commit an offense and is liable on conviction to

949
00:58:59,480 –> 00:59:04,119
life in prices. The High Commissioner is an international protected person,

950
00:59:04,199 –> 00:59:07,519
being the representative of the British government in Nigeria, as

951
00:59:07,559 –> 00:59:10,320
well as other staff of High Commission and Embassy of

952
00:59:10,519 –> 00:59:14,119
United States of America, leaving the defendant to continue his

953
00:59:14,280 –> 00:59:17,960
terrorist activity who have led to an international incident involving

954
00:59:18,079 –> 00:59:21,960
Nigeria and other foreign nations who are good partners with Nigeria.

955
00:59:22,719 –> 00:59:25,719
The question to ask again is whether bombing or attacking

956
00:59:25,760 –> 00:59:29,880
embassies of High Commission’s constitutes an act consistent with agitation

957
00:59:30,079 –> 00:59:34,719
for self determination. Again, the answer is no. All these

958
00:59:34,760 –> 00:59:37,400
acts goes to show that the criminal tendency of the

959
00:59:37,440 –> 00:59:42,320
defendant as well as show concrete proof of his terrorist acts. Therefore,

960
00:59:42,719 –> 00:59:46,599
I hold, without hesitation that the prosecution has successfully established

961
00:59:46,639 –> 00:59:51,440
Count six against the defendant. Consequently, he is hereby convicted

962
00:59:51,480 –> 00:59:54,280
of count six of the charged With respect to concern

963
00:59:54,360 –> 00:59:58,079
of the charge, the defendant is charged with importing inter

964
00:59:58,280 –> 01:00:01,880
Nigeria and keeping in Ozubu in Ihiana Local Government of

965
01:00:01,920 –> 01:00:05,159
a Nambra State, within jurisdiction of this Honorable Court, a

966
01:00:05,280 –> 01:00:09,920
radio transmitter known as TRAM five TRAM fifty concealed in

967
01:00:09,960 –> 01:00:13,079
a container of used household items which he declared as

968
01:00:13,199 –> 01:00:17,280
used household items, thereby committing an offense contrary to Section

969
01:00:17,400 –> 01:00:20,800
forty seven two A of Custom and Excise Management at

970
01:00:20,880 –> 01:00:24,599
CAPCI forty five, Laws of the Federation of Nigeria, two

971
01:00:24,679 –> 01:00:28,360
thousand and four. The dispute as to which law provides

972
01:00:28,440 –> 01:00:31,800
for the offense in Count seven has been conclusively decided

973
01:00:31,840 –> 01:00:34,639
by the Supreme Court in case of Federal Republic of

974
01:00:34,719 –> 01:00:39,679
Nigeria versus Carno Chopra, whereby Lord mL Gabba j s.

975
01:00:40,079 –> 01:00:43,239
While reading the League judgment held and I quote, a

976
01:00:43,360 –> 01:00:45,920
calm reading of the details of the fact stated as

977
01:00:45,960 –> 01:00:49,440
constituting the offense mentioned or named therein would clearly and

978
01:00:49,559 –> 01:00:52,880
undoubtedly review that it deals with the offense punishable under

979
01:00:52,920 –> 01:00:56,000
the provision of Section forty seven two of the Custom,

980
01:00:56,079 –> 01:00:59,559
Excise and Management Act, Cap C forty five, Laws of

981
01:00:59,559 –> 01:01:03,480
Federalistion of Nigeria, two thousand and four, which provides as

982
01:01:03,519 –> 01:01:07,159
follows forty seven to two, if a person imports or

983
01:01:07,239 –> 01:01:10,400
causes to be imported any goods conceived in a container

984
01:01:10,480 –> 01:01:14,519
holding goods of different descriptions shall be sentenced to imprisonment

985
01:01:14,599 –> 01:01:18,239
for five years without the option of fine. It follows

986
01:01:18,280 –> 01:01:21,320
in the above circumstances that the mention of the Criminal

987
01:01:21,360 –> 01:01:24,480
Court Act has been Chapter CE forty five or Chapter

988
01:01:24,559 –> 01:01:28,079
CE forty five in Laws of Federation of Nigeria two

989
01:01:28,119 –> 01:01:30,920
thousand and four is a mere mistake in place of

990
01:01:30,960 –> 01:01:35,400
correct law the Customs and Excise Management Acts, under which

991
01:01:35,440 –> 01:01:38,599
the facts alleged to constitute an offense in Count fifteen

992
01:01:38,760 –> 01:01:42,519
is punished and punishable. The offense in Count fifteen is

993
01:01:42,599 –> 01:01:47,440
consequently recognized, recognizable, and grounded in an extant existing law

994
01:01:47,519 –> 01:01:52,039
in Nigeria in which it was defined and described. Thus,

995
01:01:52,320 –> 01:01:55,079
the Court will follow the decision of the Supreme Court

996
01:01:55,119 –> 01:01:58,480
and decide Count seven based on Section forty seven of

997
01:01:58,519 –> 01:02:02,559
the Custom and Excise Manner Act. The ingredients of the

998
01:02:02,559 –> 01:02:05,599
offense of the defendant must have imported or caused to

999
01:02:05,599 –> 01:02:10,159
be imported goods concealed in a container. Two the imported

1000
01:02:10,559 –> 01:02:14,280
the imported concealed goods must have been of a different descriptions.

1001
01:02:15,039 –> 01:02:18,360
The evidence led by the prosecution through p W four

1002
01:02:18,559 –> 01:02:22,199
is that the defendant imported into Nigeria a radio transmitter

1003
01:02:22,320 –> 01:02:26,440
known as TRAM five hundred and fifty L concealed in

1004
01:02:26,519 –> 01:02:30,559
container which contained used household items, which he described as such.

1005
01:02:31,360 –> 01:02:34,559
P W four stated that indeed, the Department of State

1006
01:02:34,679 –> 01:02:38,360
Service had tracked the transformer transmitter of Radio Biaffra to

1007
01:02:38,400 –> 01:02:41,920
a compound in Ugulisusor in Ihiala local government of a

1008
01:02:42,000 –> 01:02:46,719
Namra State, belonging to one Benjamin Madagulu. The officer secured

1009
01:02:46,719 –> 01:02:50,039
a search warrant Exhibit p WT and proceeded to the

1010
01:02:50,079 –> 01:02:54,000
compound where they recovered the container. Parallel to going to

1011
01:02:54,079 –> 01:02:57,199
the scene, p W four testified that he watched a

1012
01:02:57,320 –> 01:03:02,079
video of the defendant inspecting the container transmitter with Benjamin Madagulu.

1013
01:03:02,800 –> 01:03:05,360
The court visited where the container was kept in the

1014
01:03:05,400 –> 01:03:08,400
custody of the DSS and same was admitted in evidence

1015
01:03:08,440 –> 01:03:11,119
in the presence of defendant as exhibit and it did

1016
01:03:11,199 –> 01:03:15,840
not object to same. The container itself contains several household

1017
01:03:15,880 –> 01:03:18,960
items which appear to be covered for the transmitter concealed

1018
01:03:19,000 –> 01:03:22,320
in it. The projection has led evidence to show that

1019
01:03:22,400 –> 01:03:25,639
the transmitter was smuggled into the country without same being

1020
01:03:25,679 –> 01:03:29,639
declared to custom The surrounding facts also show that the

1021
01:03:29,679 –> 01:03:32,840
purpose for which the defendant intend to use the transmitter

1022
01:03:33,000 –> 01:03:36,159
was to broadcast program on Radio Baffra and this make

1023
01:03:36,239 –> 01:03:39,960
it concealed the transmitter. There is also no evidence that

1024
01:03:40,119 –> 01:03:44,719
Radio Biafra is registered with Nigeria Broadcasting Commissioners stated by

1025
01:03:44,800 –> 01:03:48,239
p W four. Thus, it is safe to conclude that

1026
01:03:48,280 –> 01:03:51,400
the concealment of transmitter is in fundraise of the legal

1027
01:03:51,440 –> 01:03:55,719
operation of Radio Baffra by the defendant. The defendant, as

1028
01:03:55,760 –> 01:03:58,960
a consequence of resting his case on the prosecution, did

1029
01:03:59,000 –> 01:04:02,119
not call any witnes to report the evidence of the prosecution.

1030
01:04:02,760 –> 01:04:05,519
Neither did he lead any evidence to counter the evidence

1031
01:04:05,559 –> 01:04:09,519
of the prosecution execution. There is no evidence before this

1032
01:04:09,639 –> 01:04:14,079
court stating the transmitter was locally imported into Nigeria. The

1033
01:04:14,159 –> 01:04:17,119
defendant had the duty to present evidence and fight to

1034
01:04:17,159 –> 01:04:20,440
report the allegation made against him, but he failed and

1035
01:04:20,480 –> 01:04:24,760
deliberately failed refused to do sane. The court is therefore

1036
01:04:24,800 –> 01:04:29,280
bound to believe the evidence of the prosecution. Consequently, the

1037
01:04:29,360 –> 01:04:33,559
courts hereby convict the defendant of Count’s seven of the charge.

1038
01:04:33,599 –> 01:04:36,559
I must say here that defendant has always claimed to

1039
01:04:36,599 –> 01:04:40,239
be a freedom fighter. He is only seeking justice for

1040
01:04:40,320 –> 01:04:43,480
his people. Indeed, this is known in law as the

1041
01:04:43,559 –> 01:04:47,880
right to self determinations. The right to self determination is

1042
01:04:47,920 –> 01:04:53,079
a political right recognized in several international instruments. Article one

1043
01:04:53,119 –> 01:04:56,880
of the International Convention of Civil and Political Rights nineteen

1044
01:04:57,000 –> 01:05:00,159
sixty six provides and I quote, all people have the

1045
01:05:00,239 –> 01:05:04,000
right of self determination. By virtue of that right, they

1046
01:05:04,039 –> 01:05:07,880
freely determine the political status and freely pursue their economic,

1047
01:05:08,280 –> 01:05:12,960
social and cultural developments. The right to self determination also

1048
01:05:13,239 –> 01:05:15,559
entails the right of a group of people to form

1049
01:05:15,599 –> 01:05:19,639
their political entity or their own government. Article twenty of

1050
01:05:19,679 –> 01:05:23,199
the African Charter on Women and People’s Rights also provides

1051
01:05:23,239 –> 01:05:26,440
an I quote, all people shall have the right to assistance.

1052
01:05:27,239 –> 01:05:31,360
They shall have the unquestionable and inalienable rights to self determination.

1053
01:05:31,920 –> 01:05:35,480
They shall freely determine their political status, and shall pursue

1054
01:05:35,519 –> 01:05:38,920
their economic and social development according to the policy. They

1055
01:05:39,000 –> 01:05:43,760
have freely chosen. Two colonized or oppressed people shall have

1056
01:05:43,840 –> 01:05:46,599
the right to free themselves from the bond of domination

1057
01:05:46,760 –> 01:05:52,159
by resorting to any means recognized by the international community. Three,

1058
01:05:52,199 –> 01:05:54,679
All people shall have the right to the assistance of

1059
01:05:54,719 –> 01:05:57,639
the state parties to the present Charter in their liberation

1060
01:05:57,880 –> 01:06:02,639
struggle against foreign domination, be it political, economy or cultural.

1061
01:06:03,440 –> 01:06:06,880
Nigeria has dominated the African Charter, which is known as

1062
01:06:06,920 –> 01:06:11,280
the African Charter on Women and People’s Rights, Ratification and

1063
01:06:11,440 –> 01:06:15,440
enforcement rights, which means the provision of the Charter enforcible

1064
01:06:15,480 –> 01:06:18,559
in Nigeria, provided they do not conflict with the clear

1065
01:06:18,599 –> 01:06:22,920
provision of the Constitution of the Federal Republic of Nigeria

1066
01:06:23,039 –> 01:06:26,960
nineteen ninety nine as amended. Session twenty one of the

1067
01:06:27,000 –> 01:06:31,039
Constitution of the Federal Republic of Nigeria nineteen ninety nine,

1068
01:06:31,079 –> 01:06:34,679
as amended, makes it clear that Nigeria is an indivisible state,

1069
01:06:34,760 –> 01:06:39,320
which means there is no room for divisions. The Session provides,

1070
01:06:39,360 –> 01:06:43,800
and I quote Nigeria is one indivisible, in dissoluble sovereign

1071
01:06:43,880 –> 01:06:47,159
state to be known by the name Federal Republic of Nigeria.

1072
01:06:47,920 –> 01:06:51,599
This means that any agitating anyone agitating for a break

1073
01:06:51,719 –> 01:06:56,679
up of the Federation of Nigeria is going against the Constitution. However,

1074
01:06:57,079 –> 01:07:00,880
any person agitating for self determination could do so through

1075
01:07:00,920 –> 01:07:04,800
the National Assembly seeking for amendments of the Constitution regarding

1076
01:07:04,840 –> 01:07:08,960
the indivisibility of Nigeria and to reflect the recognition condition

1077
01:07:09,079 –> 01:07:12,320
of the agitating states. It is after this that the

1078
01:07:12,360 –> 01:07:16,639
procedure can be said to be completed. But not excluding referendum,

1079
01:07:17,159 –> 01:07:20,800
any self determination not done in accordance with the Constitution

1080
01:07:20,960 –> 01:07:24,360
and laws of the country will be illegal. The defendant

1081
01:07:24,440 –> 01:07:27,159
is not only agitating for secession of the state of

1082
01:07:27,199 –> 01:07:31,840
the Southeast, South, South South and some Middle Belt states.

1083
01:07:32,079 –> 01:07:35,960
He’s doing so using terrorism as a weapon. Terrorism has

1084
01:07:36,039 –> 01:07:38,880
become a muster in the world today and several groups

1085
01:07:38,920 –> 01:07:42,119
have continued to use this weapon to form separate governments

1086
01:07:42,119 –> 01:07:48,400
in Nigeria. Groups like Bocoharam lacqueroa IPOB have in recent

1087
01:07:48,519 –> 01:07:53,199
years troubled Nigeria with terrorist activities. This terror group, by

1088
01:07:53,239 –> 01:07:56,760
their activities, has denied innocent people the enjoyment of their

1089
01:07:56,800 –> 01:08:00,920
fundamental rights. The action of the defendant and his terrorist

1090
01:08:01,000 –> 01:08:04,360
organization have led to the bloodshed of innocent citizens as

1091
01:08:04,360 –> 01:08:08,079
well as security personnel who were going about their legitimate duty.

1092
01:08:08,880 –> 01:08:12,559
His incitement through the broadcast on radio Baffras well as

1093
01:08:12,599 –> 01:08:15,360
the social media platform of the group has led to

1094
01:08:15,440 –> 01:08:18,279
the destruction of lives and property as well as effect

1095
01:08:18,359 –> 01:08:22,159
the daily life of his people of Southeast. The defendant

1096
01:08:22,239 –> 01:08:25,119
did not only threaten the government of Nigeria but his

1097
01:08:25,199 –> 01:08:29,000
own people. This is seen in a broadcast while addressing

1098
01:08:29,039 –> 01:08:31,520
the death of one of the commander of IPO be

1099
01:08:31,720 –> 01:08:35,399
named a Conso. The defendant on twenty fifth day of

1100
01:08:35,479 –> 01:08:38,720
April twenty twenty one made a broadcast where he stated,

1101
01:08:38,720 –> 01:08:42,000
and I quote a Conso was not killed on the battlefield,

1102
01:08:42,039 –> 01:08:44,520
but was killed in his village in the middle of night,

1103
01:08:45,359 –> 01:08:49,000
not on battlefield. Because of the battlefield, no army or

1104
01:08:49,079 –> 01:08:53,880
police can defeat him. Ever since Eastern Security Network was launched,

1105
01:08:53,880 –> 01:08:56,479
I have not seen anybody tell me that their life

1106
01:08:56,520 –> 01:09:00,479
have not improved since it was launched. Around twenty one

1107
01:09:00,560 –> 01:09:05,039
minutes marked, the defendant stated Vengeance is a master of appetite,

1108
01:09:05,359 –> 01:09:09,239
forever blood taste. He never failed. A Conso is in heaven.

1109
01:09:09,319 –> 01:09:11,520
He is going to be revenged, and by God he

1110
01:09:11,600 –> 01:09:14,800
will be revenged. All those who had hands in a

1111
01:09:14,840 –> 01:09:18,479
Conso dead are all dead people working, all of them.

1112
01:09:18,760 –> 01:09:21,279
He also stated that a conso will be mourned in

1113
01:09:21,319 –> 01:09:23,920
a special way, just like how the over of Benin

1114
01:09:24,079 –> 01:09:27,479
is buried with human heads. That he said, a conso

1115
01:09:27,640 –> 01:09:30,800
is more than over. Thank you. There is no doubt

1116
01:09:30,800 –> 01:09:34,439
that this is contained in the broadcast. The defendant statement

1117
01:09:34,600 –> 01:09:37,920
was corroborated by p W four, who stated that upon

1118
01:09:38,000 –> 01:09:40,840
the arrest of one of the IPO be commander named

1119
01:09:40,880 –> 01:09:43,399
as on Ye Army, he informed them that they were

1120
01:09:43,399 –> 01:09:45,920
only to get thirty heads of humans out of two

1121
01:09:45,960 –> 01:09:49,359
thousand head as order in by the defendant. This Court

1122
01:09:49,439 –> 01:09:51,640
is aware that the said on Ye Army was not

1123
01:09:51,720 –> 01:09:53,880
called as a witness in this case, and this may

1124
01:09:53,920 –> 01:09:58,000
affect the probative value of his evidence. However, the evidence

1125
01:09:58,039 –> 01:10:01,000
being used as corroboration to the state made by the

1126
01:10:01,039 –> 01:10:05,079
defendant himself refer to supporting or additional piece of evidence

1127
01:10:05,119 –> 01:10:09,479
that supports another evidence. See Agumbayo and the State Citation,

1128
01:10:09,960 –> 01:10:13,840
where the Supreme Court held and I quotes corroboration having

1129
01:10:13,920 –> 01:10:16,319
been not to be a technical terms of all, means

1130
01:10:16,760 –> 01:10:20,279
no more than evidence tending to confirm, support and strengthen

1131
01:10:20,359 –> 01:10:24,600
other evidence sought to be corroborated. This evidence is to

1132
01:10:24,600 –> 01:10:27,680
be to corroborate the evidence the statement of the defendant.

1133
01:10:28,399 –> 01:10:31,720
I must say here that the prosecution witnesses were consistent

1134
01:10:31,840 –> 01:10:35,479
and calm in the giving of the evidence. Their calm demeanor,

1135
01:10:35,520 –> 01:10:39,680
despite provocative questions under cross examination, justified and to be

1136
01:10:39,760 –> 01:10:43,359
witness of truth. I carefully observed them, and the only

1137
01:10:43,439 –> 01:10:46,199
conclusion to reach is that their witness of truth, and

1138
01:10:46,279 –> 01:10:50,359
these courts readily believe them. The defendant, on the other side,

1139
01:10:50,439 –> 01:10:54,079
from his attitude in court, was truly very cocky arrogant.

1140
01:10:54,840 –> 01:10:58,000
He even stated that no court can convict him. This

1141
01:10:58,159 –> 01:11:00,560
is a direct affront on the power of the courts,

1142
01:11:00,600 –> 01:11:03,439
which this court will not take for granted, but will

1143
01:11:03,439 –> 01:11:07,079
do justice. It is interesting to note that the defendant,

1144
01:11:07,119 –> 01:11:09,880
who claim to be a freedom fighter, has even caused

1145
01:11:09,920 –> 01:11:13,439
more harm to his own people, who are predominantly Christian faiths.

1146
01:11:14,279 –> 01:11:17,399
Can this be said to be agitation for self determination?

1147
01:11:18,000 –> 01:11:21,760
Not at all. Agitation for self determination cannot be to

1148
01:11:21,800 –> 01:11:24,439
the detriment or to be detrimental to people who are

1149
01:11:24,439 –> 01:11:28,520
supposed to be beneficiary of that said self determination. The

1150
01:11:28,680 –> 01:11:31,479
usual sit at home or the primary effects his own

1151
01:11:31,560 –> 01:11:35,279
people of the Southeast, the killing of people who disobey

1152
01:11:35,359 –> 01:11:38,760
the order of his own people. Holding of closure of

1153
01:11:38,880 –> 01:11:42,000
churches and schools as well as markets also affect his

1154
01:11:42,119 –> 01:11:46,640
own people. They are unable to trade, go to school, farm,

1155
01:11:47,000 –> 01:11:49,960
even worship on such days. The threat of violence and

1156
01:11:50,039 –> 01:11:53,960
death have prevented these people from going about their legitimate businesses.

1157
01:11:54,720 –> 01:11:58,119
Are these acts of defendant consistent with the agitation for

1158
01:11:58,239 –> 01:12:02,760
self determination? The answer is in the negative. Once again.

1159
01:12:03,159 –> 01:12:07,079
The defendant was not elected by anybody, also cannot dictate

1160
01:12:07,159 –> 01:12:10,600
for the people of Southeast, especially through intimidation and threats

1161
01:12:10,600 –> 01:12:14,359
of violence. He is a terrorist he must be treated

1162
01:12:14,359 –> 01:12:19,279
as such. In final analysis, the prosecution has successfully established

1163
01:12:19,279 –> 01:12:24,520
a seven count charge against the defendant beyond reasonable doubts. Consequently,

1164
01:12:24,920 –> 01:12:28,199
he is convicted on all the seven counts. The next

1165
01:12:28,359 –> 01:12:32,039
just thirty minutes I go to the chambers. Anybody is

1166
01:12:32,119 –> 01:12:34,680
free to come and get a certified true copy of

1167
01:12:34,680 –> 01:12:42,039
the judgments. Aldi Guingi Ingni in a mortgagical way