FG wants court to revoke Nnamdi Kanu’s bail, seeks his rearrest
The Federal government has formally filed an application before the Federal High Court in Abuja, asking it to revoke the bail granted the Leader of Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, on April 25, 2017 on health ground.
In the application filed by the prosecution in charge NO: FHC/ABJ/CR/383/2015 between Federal Republic of Nigeria and Nnamdi Kanu, Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie brought pursuant to Section 169 and 173 (2) (b) of Administration of Criminal Justice Act 2015, the federal government is asking for an order of the court revoking the bail granted to Kanu on April 25, 2017.
The federal government is also asking for an order of the court directing the arrest and committing Kanu to custody pending his trial and further order as the court may deem fit to make.
The application is based on 11 grounds as the government is claiming that Kanu, who is standing trial for alleged offences of conspiracy to commit acts of treasonable felony and other related offences, has violated the conditions of bail granted to him.
The government is also asking the court to take a judicial notice of the fact that the offence which Kanu is standing trial for is not ordinarily bailable; but due to the magnanimity of the court and its quest for justice and fairness, he was granted bail on health grounds on April 25, 2017.
The federal government is further asking the government to note as follows:
* That among other conditions for the bail of Kanu was that he should not be seen in a crowd exceeding 10 people; That he had fragrantly breached the condition by holding rallies, including his inauguration of a security outfit known as Biafra Security Service(BSS);
- That he also granted interviews, hold or attend rallies which the bail condition prohibit him.
The rally with a crowd exceeding 10 persons was captured in a video published on the 1st June 2017 and circulated throughout the length and breadth of Nigeria and beyond through the internet platform of YouTube; -
That the YouTube video was download and is attached to this affidavit and marked NK1 . That the said rally was not held in a synagogue but at the residence of Kanu on Friday evening May 26th, 2017 and ended on Saturday May 27th, 2017;
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That the rally was tagged “The holy day of Shabbat” to pray for the restoration of “Biafra state”.
In a 12-paragraph affidavit in support of the application sworn to by Loveme Odubo a staff of the Ministry of Justice, the government claimed that Kanu also incited his members to disrupt, disallow and boycott elections in South East States , starting with Anambra State Gubernatorial Election scheduled for November 18, 2017, if the Federal Government failed to hold referendum for the realization of the state of Biafra.
The federal government also attached Kanu’s address published by Vanguard online news, dated June 23, 2017 with the affidavit to back up its claim.
The government further said, ” That the bail granted Kanu was to enable him go and take care of his health and not for any other purpose.
- That instead of attending to his health, Kanu went about organising rallies and made several secessionist remarks on the video attached to the affidavit and marked NK1 and they are as follows:
(1) I was not born to be rich, politician or scientist but to restore Biafra”.(ii.) “I did not say we are restructuring Nigeria or implementing Aburi but restoring Biafra, That is the total exit of Biafra from Nigeria thereby restoring the kingdom of God on earth”
( iii.) “Remove any obstacle within us”.( iv. ) “There will be no elections”
“That the defendant instructions to the crowd present at his resident on May 26, 2017 in the following words “obey the order to sit at home in respect to our fallen heroes”
“This statement triggered civil disobedience, disruption and paralysis of activities in various location spanning the entire South East Geo-Political Zone, particularly Enugu, Abia, Anambra, Ebonyi, Imo States and partly in Rivers, Delta, Cross River, Akwa Ibom and Bayelsa States.
“The sit at home was carried out on the May 27, 2017 and has sparked certain unwanted reactions from other sections of the country”.
Andrew Orolua, Abuja.
