A Federal High Court sitting in Abuja, Nigeria’s capital, has on Tuesday dismissed fresh bail application by the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
Kanu, who is currently facing a seven-count charge, had in the application he filed through his team of lawyers led by Chief Mike Ozekhome, SAN, equally challenged the revocation of the bail the court earlier granted to him.
He specifically urged the court to set aside the order it made on March 28, 2019, which not only issued a bench warrant for his arrest, but also gave the Government the nod to try him in absentia.
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The IPOB leader told the court that contrary to the Nigerian Government’s allegation that he jumped bail, he said that he fled for his life after his home town at Afaraukwu Ibeku in Umuahia, Abia State, was invaded by soldiers, which he said led to the death of 28 persons.
While contending that he was denied fair hearing before his bail was revoked, Kanu, attached eight exhibits that included photographs, as well as an affidavit he deposed from Isreal after he fled the country.
Dismissing the bail request on Tuesday, the trial Judge, Justice Binta Nyako, said the court was not satisfied with the reason the IPOB leader gave for his failure to appear in court for continuation of his trial.
The trial judge noted that records of the court, shows that, Kanu was represented by his lawyer on the day his bail was revoked, likewise his sureties.
“In fact, the sureties told the court that they did not know the whereabout of the Defendant and even applied to be discharged from the matter.
“Therefore, the Defendant was not denied fair hearing” Justice Nyako added.
Justices Nyako also held that though a court could vacate a previous order when confronted with a cogent and verifiable reason, in this instance instant case, “the present application amounts to an abuse of court process for attempting to relitigate an issue already decided by the court.
“If the Defendant is dissatisfied, he has the Appeal Court to go toi
“This application is accordingly dismissed”, Justice Nyako held.
Justice Nyako therefore adjourned the case to November 14 for mention and to await the outcome of Kanu’s appeal.
Emmanuel Ukoh
