Biafra: Again, Court grants IPOB leader bail

.Bars him from rallies, granting press interviews

. Group urges FG to obey court order this time, hails Judiciary

Justice Binta Nyako of a Federal High Court in Abuja on Tuesday admitted the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to bail with three sureties and N100 million each.

This is not the first time the IPOB leader will be granted bail by the Court since his arrest on October 14, 2015 by the State Security Service and subsequent detention.

Kanu was first granted bail by a Federal High Court in Abuja on December 17, 2015 by a Federal High Court in Abuja.
Delivering her ruling on Kanu’s bail application on Tuesday, Justice Binta Nyako ordered the IPOB leader to depose to an affidavit that he will be available in court to face his trial.

She said that she was convinced that Kanu was ill and needed more medical attention than the Nigerian Prisons was giving him.

“The first defendant, Nnamdi Kanu has appealed to the court for bail based on health grounds and it is only the living that can stand trial.

“So I am minded to grant him bail so that he can attend to his health and face his trial alive,” Justice Nyako ruled.

She, however, ordered that while on bail, Kanu must not hold any rallies, grant any interviews or be in a crowd of more than ten people.

She added that one of the sureties must be a senior highly placed person of Igbo extraction such as a senator of the Federal Republic of Nigeria.

The other sureties must be a highly respected Jewish leader since Kanu said his religion was Judaism while the third person must be a highly respected person who owns landed property and is resident in Abuja.

The judge further ordered that Kanu must deposit both his Nigerian and British passport with the court and that a report on the progress of his health must be made available to the court on a monthly basis.

She however refused bail to three other defendants standing trial with Kanu: Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi. She said that although the charge of terrorism had been struck out against the defendants, the charge of treasonable felony hanging over them was a very serious offence.

The judge reiterated that the only reason she admitted Kanu to bail was because of his health. “I will need monthly report of the health condition of the 1st defendant (Kanu)”, the judge stated.

“I am of the view that it is only a living person that can appear in court for trial, she added.

“I hereby exercised my discretion to grant the first defendant (Kanu) bail and refused the bail application of his co-defendants”, the Judge said and added that Kanu’s health challenge cannot be handled by the medical facilities at the Kuje prison.

Earlier, in the ruling, Justice Nyako had turned down the request by the IPOB leader and his co-defendants, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi for variation of her earlier order for protection of prosecution witnesses.

The Judge held that the defendants have not provided anything new in their earlier argument for the variation of the order.

“My earlier ruling remains as prosecution witnesses, who are security agents will be protected as their identity will not be disclosed”, the Judge held.

Meanwhile, Governor Ayodele Fayose of Ekiti State, who was in the Abuja court, as early as 9am hugged and had a brief chat with Kanu before the court started sitting.

Fayose, who said he was in court, in solidarity with the Biafra leader, added that he salutes Kanu’s spirit, adding that the IPOB leader will one day walk as a free man in the country.

He said even though he was not from the Igbo extraction, he decided to come to court to show solidarity as somebody who believe in justice, as, according to him, the country belongs to all Nigerians.

Justice Nyako, while adjourning the matter till July 11 and 12, 2017 for commencement of trial, added that the court will not entertain any interlocutory applications.

Any interlocutory application will be taken in the course of trial.

Kanu and his co-defendants are standing trial on a five count charge bordering on treasonable felony and their alleged involvement in acts of terrorism.

The Federal Government accused Kanu and his co-defendants of conspiracy to broadcast materials intended to secede from the Federal Republic of Nigeria and create a Biafra state.

Reacting to the development, the family of the IPOB leader on Tuesday flayed the conditions attached to their son’s bail, stating, “No retreat, no surrender” in achieving Biafra.

Father of Nnamdi Kanu, Eze Israel Kanu, stated this in His palace and described the bail conditions as “a condition of hatred”.

The Egwu Ukwu II of Isiama Afara queried why one who is in Nigeria will be asked to bring an Israeli as a surety for what happened in Nigeria, stating, “I have not heard about this before. Our God is alive and let the world know it”.

The royal father however expressed happiness over the bail, stating that he has always had hope that his son would one day come out of detention “either freed or on bail”.

Many, he said, did not believe that Kanu will be released, stating, “it has happened and to God be the glory”.
He also expressed his belief that some people are behind the travails of his son, stating: “I have not seen such bail conditions. Is it on the head of my son that such hard conditions should be placed? There is somebody behind this”.

He also congratulated former Aviation minister, Chief Femi Fani-Kayode and Governor Fayose for showing interest even as Ndigbo shied away from identifying with their own, stating, “No Nigerian has been subjected to such bail conditions. The Federal Government should release my son unconditionally”.

Also speaking, the mother of Nnamdi Kanu, Sally Kanu, said that following the news of the bail granted her son, the Federal Government, should grant their son an unconditional release as Nnamdi Kanu is not a criminal, but fighting for his right.

According to her, Knau was raised by God to deliver Biafra, thundering, “I will ask him to continue with the agitation for Biafra as there is no retreat, no surrender”.

She stated that God has answered the prayers of not only the family, but that of the entire world by bailing out like He did to the Israelites in the Bible.

Lending his voice, a human rights activist, Paul Ikechukwu Njoku, said that if Nnamdi Knau is not detained, Biafra will not come into existence.

“He does not receive salaries and has no oil wells, but struggling on himself as ordained by God”, he said regretting over the conditions attached to his bail.

Meanwhile, thousands of MASSOB members were in jubilant celebration on Tuesday in Umuahia, the Abia State capital, over the bail granted to Kanu.

Speaking on the bail granted the IPOB leader, Comrade Uchenna Madu, the leader of Movement for the Actualisation of the Sovereign State of Biafra (MASSOB) in Abia State, said they will always identity with the true representations of Biafra and genuine struggle for the liberation of the people of Biafra.

“The bail granted to our brother today is a sign of light triumphing over darkness. It is a motivational factor that Biafra will always triumph”, Madu said.

Meanwhile, the South East Revival Group (SERG) has described the bail granted to the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, as yet another victory for the judiciary, saying “it proves that some Judges still have conscience and a sense of justice.”

The group in a statement signed by its Convener and national coordinator, Chief Willy Ezugwu, then urged the Federal Government to obey its own court this time around.

“Despite that his bail conditions were too stringent, we commend the judiciary for proving its independence by not standing justice on the head by refusing Nnamdi Kanu bail.

“We hope that this time around the Federal Government would obey the order of the court and allow the judicial process to be completed.

“If for any reason the government is not satisfied with the ruling of any court, it can choose to appeal rather than being the Judge in its own case.

“President Muhammadu Buhari should show Nigerians that he has become a democrat by ensuring that the rule of law is
followed no matter who is involved in any matter, be it criminal or civil.

“Once the rule of law is undermined by undue interference in the duties of the judiciary, the basic tenet of democracy is decimated,” the group said.

In a related development, a Magistrate Court sitting in Yenagoa, Bayelsa State on Tuesday freed 44 detained members of the Indigenous People ‎of Biafra (IPOB) declaring a no case submission on the three count charges of Conspiracy, Breach of Public Peace and Unlawful gathering filed against them by the Police.

The Magistrate court presided over by Penawei Mukoro before striking out case, said that the prosecution was unable to establish a prima-facie case against them.

The detained members of the IPOB were arrested sometime in October, 2016 while meeting at a popular large lounge/bar at the Okaka suburb of Yenagoa by men of the Joint Task Force code named Operation Delta Safe and handed over to the Police for prosecution.

Counsel to the arrested IPOB members, had argued before the court a no case submission, describing the arrest and trial of the IPOB members as a deliberate attempt to intimidate and violate the fundamental rights of people to freedom of gathering.

Delivering ruling on Tuesday on the case, the Presiding Magistrate, Magistrate Penawei Mukoro struck out the case on no case submission and discharged and acquitted the accused IPOB members.

Magistrate Penawei Mukoro in her ruling held that all the accused persons have no case to answer as the prosecution was unable to make out a prima-facie case against them.