Trial of the detained leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu, for alleged treasonable felony and terrorism continued at the Federal High Court, Abuja, on Wednesday with the judge, Mrs. Binta Nyako denying the accused a fresh bail until he explained why he breached the previous one granted to him in April 2017.
The judge noted that Kanu’s trial had since 2015, suffered various setbacks owing to over 19 interlocutory applications that have been filed in the matter.
“Until the issue of 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,” the judge said.
Recall that Kanu was initially arraigned alongside four others on a six-count charge.
But after jumping bail in September 2017, his trial was separated from the others and only resumed mid-2021 following his re-arrest and extradition to Nigeria.
However, Kanu through his lawyer, told the court upon re-arraignment that he did not jump bail but only fled for his life after the military invaded his family house in 2017.
Subsequently, he applied for a fresh bail to enable him attend to his failing health and also prepare adequately for his trial.
In the application he filed pursuant to sections 6(6) and 36(5) and (6) of the 1999 Constitution, as amended, as well as sections 161, 162, 163 and 165 of the Administration of Criminal Justice Act, ACJA, 2015, he prayed the court to release him on bail, pending by determination of the charge against him.
Besides, he prayed the court to order the Department of State Services (DSS) to produce the medical report of the defendant who is currently in its custody.
Kanu, told the court that he was severely tortured for eight days in Kenya, before he was repatriated back to Nigeria for continuation of his trial.
He alleged that his health condition deteriorated, following “a highly poisonous substance” he said was injected into his system, which he said causes him to have constipation and tachycardia (increased heart beat).
Insisting that the DSS lacks the necessary medical facility to cater for his health needs, Kanu, told the court that he was confined to solitary confinement where he alleged that he was daily exposed to mental torture.
He further said he has credible and reliable sureties and pledged that he would not commit any offence while on bail.
More so, he contended that he had not been tried or convicted by any court of law in the country stressing that he was entitled to bail.
He further drew attention of the court to the fact that he was previously released on bail on health ground.
However, the court in its ruling today (Wednesday) rejected the application on the grounds that the defendant explained to the court his absence from trial since 2017 when he was granted bail until last year when he was re-arraigned.
The judge held that until that was done, the defendant cannot be considered for a fresh bail.
