Justice Binta Nyako of the Federal High Court in Abuja has refused to grant the bail request sought by the leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu.
It was the second time the court would decline to grant the applicant’s request having done so on May 18.
Kanu, who is currently facing a seven-count charge, had in the application he filed through his team of lawyers led by Mr. Mike Ozekhome, also challenged the revocation of the bail the court earlier granted to 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 nod to try him in absentia.
He also told the court that contrary to the federal government’s allegation that he jumped bail, he fled for his life after his home town at Afaraukwu Ibeku in Umuahia, Abia State, was invaded by soldiers, which he said led to the death of 28 persons.
While contending that he was denied a fair hearing before his bail was revoked, Kanu attached eight exhibits that included photographs, as well as an affidavit he deposed from Israel, after he fled from the country.
Ruling on the application on Tuesday, Nyako held that Kanu’s second bail request amounts to an abuse of court process.
The judge said she was not satisfied with the reason the IPOB leader gave for his failure to appear in court for the continuation of his trial.
“The present application amounts to an abuse of court process for attempting to re-litigate an issue already decided by the court,” she said.
The judge held that from records of the court, Kanu was represented by his lawyer on the day his bail was revoked, likewise his sureties.
“In fact, the sureties told the court that they did not know the whereabouts of the Defendant and even applied to be discharged from the matter.
“Therefore, Defendant was not denied a fair hearing”.
She further stated that though a court could vacate a previous order when confronted with a cogent and verifiable reason, “in the instant case, I have not been given any, neither have I been given any reason to set aside the order.
“If the defendant is dissatisfied, he has the Appeal Court to go to. This application is accordingly dismissed.”
The judge insisted that Kanu should explain the reason 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,” she said.
Thereafter, Nyako adjourned the case till November 14 for mention.
Recall the court had ordered Kanu’s arrest in March 2019 after adjudging him to have jumped bail.
The arrest order came months after the IPOB leader fled the country in the wake of the invasion of his home by soldiers in Afara-Ukwu, near Umuahia, Abia State, in September 2017.
Justifying his client’s escape from the country, Ozekhome argued that the IPOB leader’s absence from court was as a result of the invasion of his home by the Nigerian Army.
“During the invasion of Kanu’s home, 28 people were mowed down by the military; forcing to run for his life,” Ozekhome said.
