Bail: Kanu knows fate March 16

BY ANDREW OROLUA

The Federal High Court, Abuja will on March 19 , 2024 deliver its ruling on a fresh bail application brought by Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB).

Justice Binta Nyako reserved the ruling on Monday after listening to Kanu’s new lawyer, Alloy Ejimako who asked the court to grant the bail application. But the Federal Government’s new lead counsel, Chief Adegboyega Awomolo SAN vehemently opposed the bail application.

Justice Nyako also scheduled the long-awaited trial of the IPOB leader for March 20. Recall that Kanu trial’s is beginning from where its stopped before the Supreme Court directed that the matter be fully heard by the trial court as his appeal has no effect on the criminal charges.

Chief Awomolo told Justice Nyako that the Supreme Court affirmed her decision of April 8, 2022 which ordered that Kanu be tried on counts 1, 2, 3, 4, 5, 8 and 15 of the terrorism-related charges to which the defendant has pleaded not guilty.

He told the judge that the prosecution are interested in proceeding with the hearing of the matter till conclusion in the interest of the nation.

Nnaemeka Ejiofor had announced appearance for Kanu but yielded ground to Alloy Ejimako who spoke on behalf of the legal team.

Ejimako said it was quite obvious that the Supreme Court remitted the case back to the court but he had two motions – for bail and preliminary objection.

Awolowo said he will be opposing the application for bail and that he needs time to reply Kanu’s further affidavit on bail.

But Ejimako told Justice Nyako that his further affidavit on bail was served same day.

The judge said application for bail does not stop the commencement of trial.

Ejimako said if the bail application was not going to be taken, “then let everybody go home and let us respond to all issues.”

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The federal government’s counsel, Awolowo said he was ready to speak on the preliminary objection.

Nyako, who has ruled nine times on Kanu’s bail applications in the past, said she was not happy as to how lawyers in the matter have been handling the case since 2015.

“This is exactly the way this case has been going since 2015. I am talking to both sides. You truncate the proceedings,” Nyako said.

Then, Awomolo rose up and told the judge he recently joined the federal government’s team as lead counsel and has done his part in responding to processes served on him.

He then added he was ready to argue the bail application.

Ejimako asked that his client be admitted to bail on the most legal terms possible.

He said there is no dispute that the IPOB leader has a serious heart problem as confirmed by a federal government owned hospital.

“Our humble submission is that the medical condition of the defendant speaks for itself and the health challenge persist despite the treatment offered him by the detaining authority,” Ejimako added.

He said Kanu’s continual detention at the DSS facility threatens his life.

He added that the delay in trying Kanu was caused by the federal government which amended charges against the IPOB leader three times since he was extradited since 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 judgements from other courts even outside Abuja.

But Awomolo urged the court to dismiss the application and in the alternative order accelerated hearing of the case, saying Section 161 of the 1999 Constitution states that the applicant must prove that there are no good medical facility by the authorities detaining him to treat him.

The senior lawyer contended that there is nothing tangible that has been brought to show that the IPOB leader is entitled to bail under the law.

He said the court had ruled that Kanu jumped bail while she revoked his bail.

“There is no evidence before the court that Kanu would not jump bail again,” Awomolo said, adding the court should refuse the application for bail.

On his preliminary objection dated February 19, Ejimako asked the court to direct that before any trial can commence, the respondents must refrain from the following; seizure of documents by lawyer, stopping lawyers from taking notes during counsels visiting to Kanu at the DSS, eavesdropping on Kanu’s conversation with Kanu and that the complainants must stop violation of his client’s right.

He also sought an alternative order that before commencement of trial, a non-custodial centre be created for Kanu to engage with lawyers of his own choice.

Awomolo 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.

He said it is an insult for Kanu’s lawyer to dictate to the court in saying unless the detaining authority acts in certain ways, trial should not commence.

He added that the complainant never breached the fundamental right of the IPOB leader rather the secret police 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.