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From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has dismissed a fresh bail application filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, for constituting an abuse of court process.
It was the second consecutive time the court would reject the bail request by the IPOB leader, who is facing seven terrorism-related charges.
In the dismissed application, Kanu had through his lead counsel, Chief Mike Ozekhome (SAN), sought to
be released on bail, pending the determination of the treasonable felony charge the Federal Government preferred against him.
He had equally urged the court to set aside its earlier order it made on March 28, 2019, for the revocation of his bail as well an order for his warrant of arrest.
Justice Binta Nyako had in that ruling further directed that the trial of the defendant should proceed in his absence.
But in his fresh application, the IPOB leader who denied jumping bail argued that he only fled the country when his life was under threat occasioned by the military invasion of his home town at Afaraukwu Ibekwu in Umuahia, Abia State.
He told the court that the military invasion resulted in the death of 28 persons.
Kanu further argued that the order of the court was made in breach of the fundamental rule of natural justice, and attached photographic exhibits to prove his case.
In her ruling, Justice Nyako, while conceding the fact that upon being presented with facts a court has the power to set aside its earlier order, the defendant in the present application did not offer any justifiable reason to warrant the setting aside of the order.
On the issue of denial of fair hearing, the judge held that “from the record of the court, the applicant was represented in court by his counsel and also his surety who told the court that he did not know his whereabouts. So, he was given a fair hearing.”
She added that “from when the defendant was granted bail to time he stopped coming to court, the case suffered15 adjournments before his bail was finally revoked.
“This application was filed four years of his absence in court and by the Administration of Criminal Justice Acts (ACJA), 2015, allows the court to proceed with the trial of the defendant after two adjournments. The present application amounts to an abuse of the court process for attempting to relitigate an issue already decided by the court.
The court maintained that Kanu must explain the reason why he breached the previous bail that was given to him before he could enjoy another favourable discretion from it.
“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”, Justice Nyako added.
“If the Defendant is dissatisfied, he has the Appeal Court to go to.
“This application is accordingly dismissed”, Justice Nyako held.
Meanwhile, further proceedings have been adjourned to November 14, 2022, to await the outcome of the appeal lodged by Kanu before the Abuja division of the Court of Appeal.
Kanu who is facing seven-count felony charges was first arraigned in 2016 alongside four others and was admitted to bail on health grounds.
The court had released him in 2017 after he secured a bail bond of N100 million with three sureties in like sum.
