Court Dismisses Nnamdi Kanu’s Fresh Bail Request, Removal From DSS Custody

 

The Federal High Court in Abuja has dismissed another bail application filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).

Binta Nyako, presiding judge, also refused Kanu’s plea to be transferred from the custody of the Department of States Services (DSS) to prison.

The defendant’s request to be placed under house arrest was also rejected. 

Kanu is standing trial on a seven-count charge bordering on treasonable felony as preferred against him by the Federal Government.

In 2017, the court granted Kanu bail on the treasonable felony charges filed against him by the Federal Government.

However, the court revoked Kanu’s bail and issued a bench warrant for his arrest after he failed to present himself as required.

The IPOB leader was rearrested in Kenya in 2021 and extradited to Nigeria — after being on the run for a few years.

In April 2022, Nyako struck out eight of the 15 counts in the charge.

The remaining seven counts were also quashed by the court of appeal on October 13, 2022, with the judge ordering Kanu’s release.

However, on October 28, 2022, the court of appeal granted a stay of execution on its verdict discharging Kanu, after the Federal Government filed an appeal at the supreme court.

On December 15, 2023, a five-member panel of the apex court reversed the verdict of the appeal court and ordered Kanu to resume his trial before the Federal High Court.

In the fresh bail application, Kanu asked the court to restore his bail which was revoked in 2017.

In the alternative, he asked to be removed from the custody of the DSS and placed under house arrest, or to be remanded in prison.

The defendant said contrary to the federal government’s claim, he did not jump bail or breach any of the conditions of the 2017 bail, but had to flee the country when soldiers allegedly invaded his house in Abia.

He told the court that he would have been killed if he had not escaped the way he did, and accused the Federal Government of misleading the court in getting the bail revoked.

He also asked the court to set aside the arrest warrant issued against him by the court while he was out of the country.

He also alleged that he does not get proper medical services in DSS custody and he is unable to properly prepare for his defence due to restricted access to his lawyers.

Delivering the ruling, Nyako refused the application of the defendant.

She noted that those who stood surety for the defendant in 2017 had approached the court and applied to be discharged after Kanu escaped from the country.

She held that the sureties, in their applications, claimed that they were not aware of the whereabouts of the defendant, a scenario that forced the court to order the forfeiture of their N100 million bail bonds.

According to the trial court, the issue is currently pending before the court of appeal.

The court held that having refused Kanu’s request for bail on several occasions, the only option available to him was to take the matter before the appellate court.

However, the judge ordered the DSS to always grant Kanu access to his lawyers not exceeding five persons on every visiting day.

It ordered that Kanu must be given “a clean place” to consult with his lawyers at the DSS detention facility, adding that he must be granted access to a doctor of his choice.

Nyako warned that any attempt by Kanu’s legal team to file similar applications before the court would be regarded as a gross abuse of the judicial process.

“You have an option of appeal, please exercise your right of appeal,” the trial judge added.

Reacting to the ruling, Kanu, who was visibly upset, said the Federal Government violated the constitution and other international treaties following his forceful rendition to Nigeria.

“My lord, you said in your earlier ruling that you will not grant me bail until you make a determination about the reason for my disappearance. But you have not done so,” Kanu said, waving a bunch of law books in the dock.

“At this stage, I am of the opinion that you can’t try me without first looking into that. The criminals came to my house to kill me!

“I don’t understand why my trial must be conducted contrary to the provisions of the Constitution of the Federal Republic of Nigeria. This is the law of Nigeria as of today.

“This court is in violation of the laws of Nigeria. Section 2(3)(f) of the Terrorism (Prevention and Prohibition) Act, 2022, is very clear.”

Interjecting, Gboyega Awomolo, prosecution counsel, asked Kanu’s legal team to call him to order.

Turning to Awomolo, Kanu said: “This man is a terrorist for conducting a trial in violation of an international treaty that Nigeria entered into. Once a treaty is entered into and signed, it becomes a law”.

“They are all terrorists! No court can try me in Nigeria. Anything done in violation of any treaty entered into by Nigeria is an act of terrorism,” Kanu, who was livid with anger, said.

“This man here is a terrorist as at today. He is a dishonest man! You are a terrorist! Who the hell are you? Follow what the law says.

“I have been in detention for over three years. You are the Chairman of the Body of Benchers and you are violating the laws of this country.”

Awomolo, a senior advocate of Nigeria (SAN), who was shocked by Kanu’s outburst, said he was not angry about it.

“I am not a terrorist and I am not provoked by the action of the defendant. It is understandable. He is only being emotional,” the senior lawyer said.

Nyako adjourned the matter to June 19 and 20 for continuation.