Justice Binta Murtala Nyako gave the defendants the opportunity to file another bail application but warned that they must be prepared for the trial.
She struck out six of the charges. The remaining five were sustained
Justice Nyako of the Federal High Court in Abuja, in a ruling, held that the six counts were not supported by the proof of evidence the prosecution submitted in court to support the charge it filed against Kanu and others.
The ruling was on separate notices of objection filed by Kanu, Onwudiwe and Nwawuisi, challenging the validity of the six counts.
Justice Nyako said the proof of evidence failed to disclose any prima facie case against the defendants in relation to the six counts.
The six counts are 3, 5, 7, 9, 10 and 11 in which they were charged with managing unlawful organisation, intention to manufacture Improvised Explosive Devices (IED) to be used against some Nigerian security agents and alleged improper importation of a radio transmitter.
Justice Nyako was of the view that the allegation in Count 3 relating to “managing of unlawful society punishable under section 63 of the Criminal Code Act” could not be substantiated by the proof of evidence.
She said the proof of evidence failed to show that IPOB was indeed an unlawful organisation, noting that the prosecution failed to show that IPOB had been proscribed or that it was not registered either in Nigeria or London.