- * Gives Condition For Granting His Request For Another Bail
By Obiora Mordi (Judiciary Correspondent, in Abuja)
A Federal High Court Judge in Abuja, Justice Binta Murtala Nyako, who is presiding over the on-going trial of Mazi Nnamdi Kanu, the leader of the Indigenous People Of Biafra (IPOB), on Tuesday, dismissed the bail request by Kanu, saying that she was not satisfied with the reasons given by the IPOB leader for failing to appear in her court for the continuation of his trial.
Justice Nyako maintained that Nnamdi Kanu must explain the reason why he violated the previous bail given to him by the court before he could enjoy another bail discretion from the court.
She said, “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”.
Nyako stated that on the day Kanu's bail and sureties were revoked, going by the records of the court, the IPOB leader was duly represented by his lawyer.
According to the trial Judge, “In fact, the sureties told the court that they did not know the whereabouts of the Defendant (Mazi Nnamdi Kanu) and even applied to be discharged from the matter. Therefore, Defendant was not denied a fair hearing”.
The detained IPOB leader whose case came up today (Tuesday, June 28, 2022) in court, in Abuja, filed a fresh application for bail. The application was filed pending the determination of the seven-count charge of treasonable felony brought against him by the Federal Government.
Kanu, had in the application he filed through his team of defence counsels led by constitutional lawyer, Chief Mike Ozekhome (SAN), also challenged the revocation of the bail the court had earlier granted him. He asked 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 the Federal Government the go-ahead to proceed with his trial, in absentia.
Kanu told the court that contrary to the plaintiff's (Federal Government) claim that he jumped bail, he actually did not, but fled for his life, after his home town at Afaraukwu Ibeku, in Umuahia, Abia State, was suddenly invaded by soldiers, resulting in the death of over 28 persons.
The IPOB leader argued that he was denied a fair hearing before his bail was revoked, and attached eight exhibits that included photographs, as well as an affidavit, which he deposed from Isreal, after he fled from Nigeria.
Maintaining her grounds, however, Justice Nyako held that though a court could vacate a previous order when confronted with a tenable and verifiable reason, but “in the instant case", she said, "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 re-litigate an issue already decided by the court. If the Defendant is dissatisfied, he has the Appeal Court to go to. This application is accordingly dismissed", the trial Judge upheld.
On March 18 this year, however, the trial Judge, Justice Binta Murtala Nyako, had vehemently refused to grant freedom on bail, to the pro-Biafran leader, Nnamdi Kanu, essentially on the basis of the alleged violation of the previous bail.
The court has however adjourned the case for mention, till November 14 this year, pending the outcome of the appeal by Kanu. NNL.
