A Federal High Court in Abuja, Nigeria, has refused to grant bail to the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, pending the determination of the treasonable felony charged against him by the Nigerian Government.
Justice Binta Nyako at the resumed hearing, held that Kanu must explain the reason why he breached the previous bail conditions that was given to him, before he could enjoy another favourable discretion from the court.
The Court said, “Until the issue of absence of the defendant for his trial, with all the bail conditions breached, is determined, the instant application of the defendant for bail will at best be premature and it is refused.”
“However, the defendant is at liberty to refile the application“. Justice Nyako held.
The court noted that Kanu’s trial had suffered various setbacks since 2015, owing to over 19 interlocutory applications that have been filed in the matter.
The Court therefore, implored the parties to allow the case to proceed on trial to enable the charge to be determined, one way or the other.
The IPOB leader through his counsel Mr Mike Ozekhome SAN, told the court that he has “credible and reliable sureties”, pledging that he would not commit any offence while on bail.
Besides, Kanu, argued that he has not been tried or convicted by any court of law in the country, contending that he was entitled to bail.
He further drew attention of the court to the fact that he was previously being released on bail on health grounds.
Kanu through his counsel Mr Mike Ozekhome SAN, told the court that he was severely tortured for eight days in Kenya, before he was repatriated back to Nigeria for continuation of his trial.
He alleged that his health condition deteriorated, following “a highly poisonous substance” he said was injected into his system, which he said is causing him to have constipation and increased heart beat.
Ozekhome who Insisted that the DSS lacks the necessary medical facility to cater for the health needs of Kanu, told the court that he was confined to solitary confinement where he alleged that his client was daily exposed to mental torture.
However, Counsel to Nigerian government Mr. Shaibu Labaran represented by Mr David Kwase urged the court to refuse the bail application, insisting that Kanu, having realized the gravity of the case against him, would run away from the country and not make himself available for trial
Kanu had in the application he filed pursuant to sections 6(6) and 36(5) and (6) of the 1999 Constitution, as amended, as well as sections 161, 162, 163 and 165 of the Administration of Criminal Justice Act, ACJA, 2015, prayed the court to release him on bail, pending by determination of the charge against him
Meanwhile, the Court has strikes out newly amended six-count charge preferred against Nnamdi Kanu by the Nigerian Government following it’s withdrawal by the Counsel to the government.
The withdrawal came after Counsel to Kanu Mr Mike Ozekhome complained to the court that the prosecution is trying to delay processes by continuous amendment of the charge against his client.
Ozekhome told the court that this is the 7th time the Nigerian government is amending its charge.
Justice Nyako concurred to Ozekhome’s submission stating that Kanu is not expected to take plea on those newly amended charges immediately, as he needs time to digest them before doing so.
He equally prayed the court to order the Department of State Services, DSS, to produce the medical report of him.
Justice Binta Nyako Adjourned the matter to the 26th of May 2022.
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