The court insisted that Nnamdi Kanu must explain why he breached the previous bail that was given to him, before he could enjoy another favourable discretion from it.
By Emma Ogbuehi
The detained leader of the Indigenous Peoples of Biafra (IPOB) was, on Tuesday, denied bail by the Federal High Court sitting in Abuja.
The court dismissed the fresh application for Kanu to be released on bail, pending the determination of the treasonable felony charge the Federal Government preferred against him.
A statement of his counsel, Mr. Aloy Ejimakor, sent to TheNiche on WhatSapp said, “June 28 Update: Sadly, the Judge has denied bail to #MNK on grounds that ‘for 4 years, nothing was filed’ in her court to explain why Onyendu did not attend his trial. She said she is open to considering a new application for bail and she granted a stay of the criminal proceedings.”
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 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 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.
Contending that he was denied fair hearing before his bail was revoked, Kanu, attached eight exhibits that included photographs, as well as an affidavit he deposed to from Israel after he fled from the country.
READ ALSO: Justice Tanko’s resignation, end of an error
Meanwhile, dismissing the bail request on Tuesday, trial Justice Binta Nyako, said she was not satisfied with the reason the IPOB leader, Nnamdi Kanu, gave for his failure to appear in court for continuation of his trial.
The trial judge noted that from records of the court, Kanu, was represented by his lawyer on the day his bail was revoked, likewise his sureties.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, his sureties told the court that they did not know the whereabouts of the defendant and even applied to be discharged from the matter.
“Therefore, the defendant was not denied fair hearing”.
Besides, Justice Nyako held 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 dissatisfactied, he has the Appeal Court to go to.
“This application is accordingly dismissed”, Justice Nyako held.
It will be recalled that the court had also on March 18, declined to release the embattled IPOB leader on bail.
The court insisted that Nnamdi Kanu must explain the reason why he breached the previous bail that was given to him, before he could enjoy another favourable 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 added.