Kanu: Family, Lawyer Disagree Over Bail Terms
The court had admitted Kanu to bail in the sum of N300 million with three sureties in like sum, among other conditions.
Observers were also worried that the bail conditions are rather stringent and wondered how Kanu would quickly meet the bail terms and breathe the air of freedom. “Nnamdi Kanu has said he will not accept the bail until other persons he was charged alongside are granted bail as well,” a family source said.
“You know how he is. That is his decision.”
However, Ifeanyi Ejiofor, Kanu’s lawyer, said his client had not rejected the bail.
In her ruling, Justice Binta Murtala Nyako said she was convinced that Kanu was ill and needed more medical attention than the Nigerian prisons was giving him
“The only reason I am admitting Kanu to bail is because of his ill health,” she said.
Nyako added, “The first defendant, Nnamdi Kanu, has appealed to the court for bail based on health grounds and it is only the living that can stand trial.
“So, I am minded to grant him bail so that he can attend to his health and face his trial alive.”
She, however, ordered that while on bail, Kanu must not hold any rallies, grant any interviews or be in a crowd of more than 10 people.
Other bail conditions handed down to him include that he should produce three sureties in the like sum of N100 million each.
One of the sureties must be a senior, highly placed person of Igbo extraction such as a senator, she added.
The other surety must be a highly respected Jewish leader since Kanu said his religion was Judaism; while the third surety must be a highly respected person who owns landed property and is resident in Abuja.
The judge further ordered that Kanu must deposit both his Nigerian and British passports with the court and that a report on the progress of his health must be made available to her on a monthly basis.
The court also ordered that the IPOB leader must depose to an affidavit that he will be available in court to face his trial.
She, however, refused bail to the three other defendants standing trial with him, namely Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi.
“I hereby exercise my discretion to grant the first defendant (Kanu) bail and refuse the bail application of his co-defendants,” she ruled.
She said that although the charge of terrorism had been struck out against the defendants, the charge of treasonable felony hanging over them was a very serious offence.
She also refused a second application by the three defendants seeking a review of her earlier ruling that witnesses who were security personnel should be protected.
She adjourned the matter till July 11 and 12 for definite commencement of trial.
Fayose In Solidarity
Meanwhile, Governor Ayodele Fayose of Ekiti State, who appeared in the court as early as 9: 00a.m hugged and had a brief chat with Kanu before the court sitting.
Fayose, who said he was in court to show solidarity to the IPOB leader, saluted his spirit, adding that the IPOB leader will one day walk as a free man.
He said even though he was not of Igbo extraction, he decided to come to court to show support to the cause of justice, as, according to him, the country belongs to all Nigerians.
Trial was adjourned till July 11 and 12, 2017 for commencement.
Dismissal Of Six Out Of 11 Charges
It would be recalled that on March 1, Justice Nyako had dismissed six out of the 11 charges brought against Kanu by the Federal Government.
The charges dismissed bordered on “ownership of unlawful society, illegal importation of radio transmitters and researching on how to make improvised explosive devices.”
The trial judge said she took the decision to dismiss the charges because the prosecution failed to present any evidence to support the said charges.
Kanu is therefore facing a reduced number of charges only bordering on treason, terrorism and bearing of firearms alongside his three co-defendants.
ECOWAS Court Dismissed Preliminary Objection
Also on March 7, the ECOWAS Community Court of Justice sitting in Abuja had dismissed a preliminary objection filed by the Federal Government challenging the jurisdiction of the court to hear a case of breach of fundamental human rights filed by Kanu.
In his ruling, the presiding judge, Micah Wright, held that the court had jurisdiction to entertain the application and then adjourned till Thursday, April 27 for continuation of hearing.
Kanu is seeking $800 million compensation from the Federal Government for violation of his human rights and an order directing his unconditional release and that of his personal belongings.
Justice Ademola Granted Kanu Bail
It would also be recalled that Justice Adeniyi Ademola of the same Federal High Court in Abuja had earlier granted bail to the IPOB leader, but the Buhari-led Federal Government refused to release the leader of Radio Biafra.
On September, last year, Nyako had ruled that Kanu’s trial would be held in camera.
Since the suit resumed in January, witnesses, defendants, judge and counsel to both parties have been shielded behind a blue screen guard.
Members of the public seated in the court only hear voices and correspondences between all parties involved but cannot see their faces.
Security operatives have prevented IPOB members from gaining access into the court.
Several journalists have also been prevented from entering the court without furnishing adequate pass since the resumed hearing in January.
Kanu’s Bail Conditions Are Too Stringent – Amaechi
Chief Mbazulike Amaechi, a First Republic Minister of Aviation, has said conditions of bail granted the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, by Justice Binta Nyako of the Federal High Court, Abuja is too stringent.
According to Amaechi, who spoke shortly after the court verdict, Kanu was incarcerated for so long because he is an Igbo man.
“Granting bail to Nnamdi Kanu was long overdue. He is a prisoner of conscience and they incarcerated him this long because he is an Igbo man.
“The conditions given him to meet are very unkind. He should have been granted bail unconditionally. And how do they expect him to get people with the kind of money mentioned to surety him?”
FG Should Drop Other Charges Against Him – Ikedife
In his reaction, a former President General of Ohanaeze Ndigbo, Chief Dozie Ikedife, who also said that the bail conditions given to the IPOB leader is too stringent said the Federal Government should dispose all the other charges brought against him.
“It is good that they have granted him bail. This is what I have been demanding for a long time.
“The next thing we expect them to do is to dispose of the charges brought against him one way or the other. They detained him for a long time and the question is are they going to compensate him for long incarceration?
“He ought to have been released a long time ago, but those who kept him in detention did so for reasons only they can explain.
“Besides, the bail conditions are stringent. Is Kanu going to get all these people who have been burying money in various places to surety him?
“Where will he find the three people listed as those to surety him?
“However, the court saying that he should not appear in a crowd is something good because his presence in such a place could lead to violence, which may have undesired effect.”
UPP Chairman Asks For Total Withdrawal Of Treason Charges
Chekwas Okorie, National Chairman of the United Peoples Party (UPP), has applauded the decision of the Federal High Court to admit to bail Kanu.
Okorie in a statement he personally signed on Tuesday described it as a welcome development but urged the government to obey the court order by allowing the Biafran leader enjoy the bail.
Okorie also advised the government to put the matter to permanent sleep by withdrawing the charges against Kanu in the interest of peace.
“We welcome this development, although we would have preferred an unconditional bail, which is what he has always deserved.
“The courts have always granted bail to Nnamdi Kanu but the Nigerian government, the accuser and plaintiff, always denied him freedom to the utter embarrassment of the civilised world.
“We urge the government to save Nigerians further anxiety by releasing him from detention without further delay.”
SERG Urges FG To Obey Court Order
The South East Revival Group (SERG) has described the bail granted to the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, as yet another victory for the judiciary, saying, “It proves that some judges still have conscience and a sense of justice.”
The group in a statement signed by its convener and national coordinator, Chief Willy Ezugwu, urged the Federal Government to obey its own court this time around.
“Despite that his bail conditions were too stringent, we commend the judiciary for proving its independence by not standing justice on the head by refusing Nnamdi Kanu bail.
“We hope that this time around the Federal Government would obey the order of the court and allow the judicial process to be completed.”
IPOB Members Shutdown Port Harcourt In Jubilation
Followers of the Indigenous People of Biafra (IPOB) leader on Tuesday shutdown Port Harcourt and other parts of Rivers State in jubilation following bail granted Kanu.
IPOB members were seen in droves riding on motorcycles, tricycles, buses and other vehicles amidst shouts of “Nnamdi Kanu oyoyo”.
Divided in groups of hundreds, holding branches of leaves and flaunting the Biafran flag, they marched in different parts of the state.
At Oil Mile Junction, a group of over 200 members marched towards Oyigbo axis, while being undeterred by the trail of armed military personnel in black van.
The jubilating IPOB members said the bail, which was granted Kanu by Justice Binta Nyako on health grounds, means the beginning of the restoration of Biafra. They described Kanu as their prophet and deliverer.
“Today is the happiest day in my life. Nnamdi Kanu is our prophet. He is the one God has sent to deliver Biafra. There is a great difference between us and Nigeria. We are happy that our prophet ‘is released’ to restore Biafra. Today is our great day to jubilate,” said Chidi Duru.
“For what God has done for Biafra, I am happy. Today is our good day. I pray for God to keep him (Kanu) alive to restore Biafra. Nobody should die. Everybody should be alive to see Biafra,” said Uche Kayanma.
Court Frees 44 IPOB Members In Bayelsa
Meanwhile, detained 44 members of the Indigenous People of Biafra (IPOB) in Bayelsa State were on Tuesday freed by a magistrate court in the state.
Penawei Mukoro, the presiding magistrate, dismissed the three-count charge of conspiracy, breach of public peace and unlawful gathering levelled against them (suspects) by the police.
Mukoro said that the case against the detained 44 IPOB members had a “no-case submission” and subsequently discharged and acquitted the accused persons.
It would be recalled that operatives of the Operation Delta Safe (ODS) Joint Task Force in the Niger Delta had in October 2016 arrested the 44 IPOB members while they were holding a meeting at a popular bar in Okaka area of Yenagoa.
The suspects were later handed over to the police authorities for investigation and prosecution.
During the court proceedings, the lawyer to the IPOB members, Kingsley Nwosu, had argued a “no-case submission” before the court, describing the arrest and trial of his clients as a deliberate attempt to intimidate and violate the fundamental rights of people to freedom of assembly.
Nwosu said the prosecution, the Nigeria police, failed to produce a credible witness to substantiate the three counts against the IPOB members.
“It is a case where there is a serious intimidation. And the prosecution could not produce credible witness,” he told the court.
Delivering ruling on Tuesday, Magistrate Penawei Mukoro struck out the case and discharged and acquitted the accused persons of all charges.
Mukoro held that all the accused persons had no case to answer as the prosecution was unable to prove a prima facie case against them.
*No Rallies
*Don’t Grant Interviews
*Don’t Be Among More Than 10 People
*Three Sureties In The Sum Of N100m Each
*One Of The Sureties Must Be A Highly Placed Person Of Igbo Extraction
POSTED BY:OPUOMONI PRIYE
DATE:04/26/2017
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