Monday, November 28, 2022

Nnamdi Kanu can’t go on bail, court rules

“If the defendant is dissatisfactory, he has the Appeal Court to go to. This application is accordingly dismissed.”

• June 28, 2022
Nnamdi Kanu
Nnamdi Kanu

The Abuja Division of the Federal High Court on Tuesday dismissed a fresh bail application filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).

In a ruling, Justice Binta Nyako said the bail application was an abuse of the court process.

“The present application amounts to an abuse of court process for attempting to relitigate an issue already decided by the court. If the defendant is dissatisfactory, he has the Appeal Court to go to. This application is accordingly dismissed,” the judge ruled.

The judge said she was not satisfied with the reasons the IPOB leader gave for his failure to appear in court for the continuation of his trial.

The trial judge noted that from records of the court, Mr Kanu was represented by his lawyer on the day his bail was revoked, likewise his sureties.

“In fact, his sureties told the court that they did not know the whereabouts of the defendant and even applied to be discharged from the matter,” she added. “Therefore, the defendant was not denied a fair hearing.”

Ms Nyako held 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 earlier order.”

Ms Nyako also adjourned the trial until November 14 for the report of the Court of Appeal’s decision on the appeal filed by Mr Kanu’s lawyer, Mike Ozekhome.

His lawyer is seeking the order of the court to quash the remaining seven-count charge levelled against his client.

On May 18, the court dismissed the bail request filed by Mr Kanu.

Ruling on the bail application, MsNyako, held that the issue of Mr Kanu’s absence from court since 2017 must first be determined before his bail request can be heard. 

(NAN)

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