May 18, (THEWILL) – The Federal High Court, Abuja, on Wednesday, refused to admit Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB) to bail.
Mike Ozekhome, Kanu’s lead counsel, had moved an application for bail, after Justice Nyako on April 8, struck out eight out of the 15-count charge against Kanu.
Ozekhome had said that his client may have been injected with poisonous substance during his extradition from overseas, resulting in his deteriorating health including low potassium in his system.
“There is no existing advanced medical facility in the detaining authority. The counts are all bailable offences under Nigerian law and therefore, do not warrant his continued detention. Until a person is tried and convicted, he should be allowed to walk free”, Ozekhome had said, adding that the applicant undertakes not to jump bail if granted bail.
He begged the court to consider the deteriorating health condition of the defendant, but the FG asked the judge to refuse the application.
Ruling on the bail application on Wednesday, Justice Nyako, held that the application is premature and refused with liberty to refile and reapply.”
Nyako said the issue of Kanu’s absence in the past, since 2017, should be determined, before his bail application, will be entertained.
She added that Kanu breached his former bail conditions, and until that is heard, his present bail application is immature.
Nyako said she granted the defendant bail in 2017 on health grounds and that he must have three sureties who must be of Igbo extraction, which he produced.
“His bail conditions were that he must not hold any rallies. The defendant never showed up in court since 25 of April, 2017.
“On the 28th day of March, I issued a bench warrant against him and now he has applied for bail”, she said, adding that it was glaring that the defendant has been “absent” for long.
“You have to explain to me why you did not abide by my bail conditions. This application is premature and also refused, the bail application can be refiled and reapplied.
“We have given 19 interlocutory applications since this matter, I wish this case can be speedily disposed”, she said.
Meanwhile, the Federal Government has withdrawn the newly amended charge against Nnamdi Kanu.
The Government had on Wednesday morning, filed a six-count amended charge against Kanu.
After the judge denied the IPOB leader bail on Wednesday, Prosecution counsel, K.E. Kasaue told the judge that he had an amended charge, which is consistent with the earlier one existing in the court.
While the wordings of the amended charge were not read in open court, Justice Binta Nyako, however, said the federal government “cannot foist” the amended charge on the court, describing it as “a bombardment.”
“Prosecution can amend charges even on the day of judgement”, Kasaue argued, but was cut short by Justice Nyako.
“Listen to me, you cannot continue to amend at large, amendment must end at some point. You cannot file an amended charge yesterday, you come in this morning and I am bombarded with this amended charge”, she said in obvious anger.
Ozekhome also protested that the federal government had amended charges against Kanu seven (7) times since 2017.
Nyako held that if she was going to deal with an amended charge in the case, it would mean that Kanu will take a fresh plea, adding that parties will have to look at the charges again.
Ozekhome said the wordings in the new charge were new and that “they have altered the charge sir.”
K.E .Kasaue subsequently withdrew the proposed amended charge.
“If my lord is mindful that this amended charge will stall proceedings and is inconsistent with the earlier charge, we will withdraw it”, he said.
But Justice Nyako said, “You (FG) have withdrawn your application. It is struck out”, adding that the case should continue on the existing charge.
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