The court disagreed with the Kanu’s argument that he escaped out of the country because armed soldiers invaded his home
By Kehinde Okeowo
Justice Binta Nyako of the Federal High Court in Abuja has dismissed the bail request filed by the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
The judge held that Kanu must account for his whereabouts for years when he was first granted bail but refused to attend court for trial.
The court disagreed with the defendant that he escaped out of the country when a retinue of armed soldiers allegedly invaded his ancestral home in Abia State.
“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,” Justice Nyako said.
She added, “However, the defendant is at liberty to refile the application.”
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Justice Nyako noted that Kanu’s trial had since 2015, suffered various setbacks owing to over 19 interlocutory applications that have been filed in the matter.
The judge, therefore, implored the parties to allow the case to proceed to trial to enable the charge to be determined, one way or the other.
Kanu’s 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.
Kanu’s lawyer argued that the defendant’s health condition is deteriorating and that the DSS lacks the necessary medical facility to cater for his health needs.
He also told the court that Kanu was confined to solitary confinement where he alleged that he was daily exposed to mental torture.
The IPOB leader through his lawyer further told the court that he has “credible and reliable sureties”, and asserted that he has not been tried or convicted by any court of law in the country, contending that he was entitled to bail.
However, FG countered the arguments and 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.