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Again, Court denies Nnamdi Kanu, bail

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Adjourns case till Nov. 14, 2022
.Refuses to revoke arrest warrant against IPOB leader
.Kanu files appeal

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CHIGOZIE IKPO, Abuja

 

A Federal High Court sitting in Abuja, Tuesday, has thrown out a fresh bail application filled by detained leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu.

 

The bail application was filled by Kanu seeking to be released on bail pending the determination of the treasonable felony charge the Federal Government preferred against him.

 

The fresh application was filed through his team of lawyers led by Chief Mike Ozekhome, SAN.

 

It would be recalled that Kanu is currently facing a seven-count charge before the court.

 

At Tuesday proceedings, Ozekhome challenged the revocation of the bail the court earlier granted to him, urging 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 FG the nod to try him in absentia.

 

 

The IPOB leader told the court that contrary to FG’s allegation that he jumped bail, he insisted 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.

 

He also said he was denied fair hearing before his trial was revoked, attaching eight exhibits including photographs, as well as an affidavit he deposed to from Isreal after he fled from the country.

 

The trial Judge, Justice Binta Nyako dismissed the bail request, saying that she was not satisfied with the reason the IPOB leader gave for his failure to appear in court for continuation of his trial.

 

She noted that from records of the court, Kanu, was represented by his lawyer on the day his bail was revoked, likewise his sureties.

 

“In fact, he 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 also stated that though a court could vacate a previous order when confronted with a cogent and verifiable reason, “in the instant case, I have not been given any, neither have I been given any reason to set-aside the order.

 

“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 dissatisfaction, he has the Appeal Court to go to.

 

“This application is accordingly dismissed”, Justice Nyako held.

 

This would be the second bail application by the IPOBĀ  to be denied as the court had also on March 18, declined to release the embattled IPOB leader on bail.

 

The court maintained that Kanu must explain the reason why he breached the previous bail that was given to him, before he could enjoy another favourableĀ  discretion from it.

 

“Until the issue of the 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 re-file the application”, Justice Nyako held.

 

The matter has therefore been adjourned till 14th November for mention.

 

also, A Federal High Court in Abuja has refused to revoke a warrant of arrest issued against the leader of the Indigenous People of Biafra IPOB, Nnamdi Kanu.
The arrest warrant was issued against Kanu on March 28, 2019 following his dramatic disappearance from Nigeria to unknown destination.
The court on the same day, revoked the bail he was earlier granted, and ordered that his trial be continued in his absence.
Counsel to Kanu, Chief Mike Ozokhome filled an application asking the court to set aside the order made on March 28, 2019 directing his arrest and continuation of his trial in absentia.
Ruling in a motion on notice asking for revocation of the arrest warrant upon his re-arrest on Tuesday, Justice Binta Nyako held that the motion lacked merit because Kanu had not explained his whereabouts for over two years when he jumped bail.
The Judge also dismissed Kanu’s claims that he was denied fair hearing because the order for his arrest was issued in his absence.
Justice Nyako held that Kanu was adequately represented in court when the Federal Government applied for the warrant of arrest and that his surety, Senator Enyinnaya Abaribe was also in court on the said day.
The Judge said that Kanu who jumped bail granted him on health ground cannot turn around to make allegations of lack of fair hearing and went on to dismiss the motion, while upholding the arrest warrant issued against the IPOB leader.
Justice Nyako had, on March 28, 2019, revoked the bail Kanu, ordered his arrest and directed that his trial should continue in his absence.
The Judge ruled that the court gave the order because Kanu failed to appear in court after his bail was granted on April 25, 2017, and this followed an application by the prosecution.
The IPOB leader was first arrested in October 2015 for demanding the separation of Nigeria from Biafra.
He was granted bail on health grounds and was asked to present three sureties, one of whom must be a serving senator, a Jewish religious leader and a highly respected person who must own a landed property in Abuja.
The judge, then, warned him against granting press interviews, holding rallies or being in a gathering of more than 10 persons while on bail.
However, in September 2017, Kanu reportedly went missing and stopped attending court proceedings, while alleging that he decided to flee the country following an invasion of his family residence in Afaraukwu, Umuahia, Abia by security operatives.
Kanuā€™s disappearance stalled his trial which he was jointly undergoing along with his co-defendants.
With the development, the judge severed his trial from that of other co-defendants to stop further delay in the othersā€™ cases
However, the Attorney-General of the Federation (AGF), Abubakar Malami, in June 2021, announced that the IPOB leader had been ā€œinterceptedā€ and returned to Nigeria.
But following the appeal instituted against the high court order upholding seven count charges aagainst Kanu, Justice Binta Nyako has put the case on hold.
While arguing the matter at the proceedings, Kanu’s lawyer, Mike Ozekhome SAN informed the court that his client has filed an appeal at the Court of Appeal in Abuja division challenging the competence of the seven counts.
In the appeal marked CA/ABJ/CR/625/2022, Kanu through Ozekhome SAN had prayed the appellate court to nullify the seven counts still standing against him.
He predicated his appeal on the ground that the alleged offences in the charges were committed outside the shore of Nigeria, hence, no court in the country has jurisdiction to try him.
Ozekhome prayed the court to stop further trial in the charges until the Court of Appeal decides the issues brought before it.

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