Alex Enumah in Abuja
Justice Binta Nyako of a Federal High Court in Abuja, on Tuesday turned down a fresh application for bail by the detained leader of the proscribed Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu.
Justice Nyako, who turned down the application, however, ordered accelerated trial of the case, adding that the only option opened to Kanu was to have gone to Court of Appeal to challenge the earlier refusal.
Besides, the judge also refused to give unfettered access to just anybody to visit Kanu, who has been in the custody of the Department of State Services (DSS) over security concerns.
The court had on February 26 adjourned to March 19, for ruling in the fresh bail application.
The IPOB leader has been in custody of the DSS since 2021, when he was extradited to Nigeria from Kenya to continue his alleged treasonable felony trial.
Justice Nyako besides stating that her ruling in the bail application would be delivered on the above date, held that trial will also continue the following day, March 20.
The court fixed the date after lawyers representing parties in the suit argued for and against the grant of the bail.
At the resumed trial, the counsel to the Federal Government, Chief Adegboyega Awomolo (SAN), had informed the judge of the Supreme Court’s judgment, which affirmed her decision of April 8, 2022 that Kanu be tried on counts 1,2,3,4,5,8 and 15 of the terrorism-related charges of which the defendant had pleaded not guilty.
Awomolo added that with the permission of the court, the prosecution is prepared to proceed with the trial and see to its logical conclusion in the interest of the nation.
However, Kanu’s lawyer, Mr Alloy Ejimako, drew the court’s attention to the bail application of his client, as well as a notice of preliminary objection.
He claimed Kanu has a serious heart condition as confirmed by a Federal Government-owned hospital, and as such, the court should admit him to bail on the most legal terms possible, to enable him get medical attention.
“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,” Ejimako said.
He said Kanu’s continued detention at the DSS facility threatens his life.
Besides, the lawyer claimed that the delay in trying his client was caused by the Federal Government which amended the charge against Kanu three times since he was extradited in 2021.
On the court’s observation that Kanu once jumped bail, Ejimako said developments that happened in the past has now become academic in view of the findings of judgments from other courts even outside, Abuja.
Opposing the grant of the application, the Federal Government had urged the court to, in the alternative order, accelerated hearing of the case, in line with Section 161 of the 1999 Constitution.
Awomolo further argued that the applicant must prove that there are no good medical facility to attend to his medical needs at the DSS.
The prosecution further submitted that the defendant did not present anything tangible to show that he is entitled to bail under the law.
“There is no evidence before the court that Kanu would not jump bail again,” Awomolo said, adding that the court should refuse the application for bail.
In moving the preliminary objection dated February 19, Ejimako asked the court to direct that before any trial can commence, the respondents must refrain from seizing their documents, stopping them from taking notes during visit to Kanu at the DSS, eavesdropping on the conversation with Kanu and that the complainants must stop violating his client’s right.
Ejimako also prayed the court to order that before commencement of trial, a non-custodial centre be created for Kanu to engage with lawyers of his own choice.
But Awomolo however urged the court to dismiss the preliminary objection for being an abuse of court process and that a lawyer cannot dictate to the court how to conduct its proceedings.
The senior lawyer said it is insulting for Kanu’s lawyer to dictate to the court how it should handle its proceedings.
Besides, Awomolo dismissed claims that the prosecution breached the fundamental right of the defendant, adding that the DSS has been diligent in protecting Nnamdi Kanu’s life.
After hearing the parties, Nyako fixed March 19 for bail, while March 20 would be the commencement of trial.
The Supreme Court had last December voided the judgment of the Court of Appeal which discharged and acquitted Kanu of alleged treasonable felony charges.
A five-member panel of the apex court in a judgment prepared by Justice Mohammed Garba, faulted the appellate court for holding that the mere fact that Kanu was brought back to Nigeria illegally to continue his trial on treasonable charge robs the trial court of jurisdiction to continue trial.
Kanu was arrested on October 14, 2015 and arraigned alongside four others on an 11-count charge bordering on terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods, among others.
He pleaded not guilty to the charge and was in 2017, admitted to bail in the sum of N100 billion with three sureties in like sum. The court in addition held that one of the sureties must be a religious leader.
However, a few months after he was admitted to bail on health grounds, Kanu fled the country in September 2017 after the military invaded his family’s home in Afara-Ukwu, near Umuahia, Abia State.
The situation led the Federal Government to apply for the revocation of his bail, which was granted in 2019 by Justice Binta Nyako of the Federal High Court, Abuja. Besides, the court ordered for the arrest of the IPOB leader, wherever he may be found.
Based on the court’s order, some combined security agents in collaboration with the international police, arrested Nnamdi Kanu and forcefully brought him back to Nigeria, to continue his trial.
The Federal Government subsequently re-arraigned him on an amended 15-count charge, bordering on treasonable felony, amongst others.
But, Kanu through his team of lawyers, led by Prof. Mike Ozekhome (SAN), urged the court to dismiss the fresh charge and free Kanu, claiming that the illegal process through which Kanu was brought into the country renders the charge incompetent and robbed the court of jurisdiction.
In her judgment, the court struck out eight out of the 15-count charge and ordered Kanu to stand trial on the remaining charges.
Dissatisfied, Kanu approached the appellate court to challenge the decision of Justice Nyako, which was granted and quashed the charge against Kanu, prompting the Federal Government to institute the instant appeal at the Supreme Court.
Delivering ruling on Friday, the apex court held that Kanu must stand trial irrespective of the way he was brought back to the country to continue his trial.
The apex court, although condemned the security agencies for breaching international laws and conventions by the forceful rendition of Kanu to face trial, it held that it was not enough reason to void the charge against Kanu.
