The Abuja division of the Federal High Court has set March 19 as the hearing date for a new application filed by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), seeking his release on bail pending the determination of the Federal Government’s treasonable felony charge against him.
Justice Binta Nyako, who set the date, also announced the court’s decision to continue a full hearing in the case against Kanu on March 20.
Justice Nyako deferred the case after hearing arguments. Kanu’s counsel, Mr. Alloy Ejimakor, and the prosecution’s counsel, Chief Adegboyega Awomolo, SAN, discussed the case.
Ejimakor, who drew the court’s attention to Kanu’s bail application dated February 5, also informed the court that the defendant had submitted a notice of preliminary objection disputing the competence of the charge made against him.
He asked the court to grant Kanu bail on “most liberal terms” due to his worsening health.
Furthermore, Ejimakor stated that there was no doubt that the IPOB leader had a major cardiac problem, which was validated by a federal government-owned hospital.
“Our humble submission is that the medical condition of the defendant speaks for itself and the health challenge persists, despite the treatment offered him by the detaining authority,” he said.
He contended that Kanu’s continuing detention by the Department of State Services, or DSS, was a threat to his life.
The defence lawyer said that the government’s continuous amendments to the indictment were to blame for the delay in prosecuting the embattled IPOB leader.
Responding to the court’s comment that Kanu once jumped bail, Ejimako contended that previous developments had become academic given the conclusions and judgements of several courts on the subject.
On the preliminary objection dated February 19, Kanu’s counsel urged the court to order that before the trial could begin, the respondents refrain from seizing documents from lawyers, prohibiting lawyers from taking notes during their visits to the defendant at the DSS and eavesdropping on conversations with Kanu.
He also sought the court to order that the prosecution stop violating his client’s rights.
Alternatively, he requested that a non-custodial centre be established before the trial began so that Kanu could consult with lawyers of his choosing.
The prosecution lawyer, Chief Awomolo, SAN, opposed both the fresh bail application and the preliminary objections, describing them as a misuse of the judicial process.
The FG’s lawyer claimed that the court should not enable Kanu’s counsel to determine how the proceedings should be handled.
He claimed it was an insult for Kanu’s lawyer to state what needed to be done before the trial began, and that the defendant’s rights were never violated by the DSS.
Awomolo, SAN, informed the court that the security agency has been careful in preserving Kanu’s safety.
He urged the court to deny Kanu’s bail application and compel an accelerated hearing in the case.
According to the prosecution counsel, Section 161 of the 1999 Constitution, as amended, requires the defendant to demonstrate that the authorities denied him access to appropriate healthcare at his detention centre.
He contended that nothing substantive was shown to the court to prove the extraordinary circumstances that would justify Kanu’s release on bail.
He claimed that the court had already revoked the defendant’s bail after he breached the terms related to it.
“There is no evidence before the court that Kanu will not jump bail again,” Awomolo went on to say.
Meanwhile, earlier in the hearings, Justice Nyako stated her discontent with the way the trial has been conducted since 2015.
This is exactly how the case has been going since 2015. I’m talking to both sides. “You always find a way to end the proceedings,” Justice Nyako said.
The IPOB leader was seized by security officers in Lagos on October 14, 2015, and has been detained since June 29, 2021.
On April 25, 2017, Trial Justice Nyako granted him bail on health grounds after almost 18 months in detention.
On April 28, 2017, he was released from the Kuje prison after fulfilling his bail conditions.
However, midway through the trial, the IPOB leader fled the nation after military raided his country residence in Afara Ukwu Ibeku in Umuahia, Abia State, killing some of his followers.
