THE Federal High Court sitting in Abuja on Tuesday rejected the bail application filed by leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu.
The presiding judge, Justice Binta Nyako, in her ruling on the bail application said the issue of Kanu’s absence in the past, since 2017, should be determined before his bail application will be entertained.
Nyako held that Kanu must explain why he breached the previous bail given to him before he could enjoy another favourable discretion from the court.
Insisting that Kanu breached his former bail conditions, she said, “Until the issue of absence of the defendant (Kanu) 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 judge said Kanu is at liberty to refile the application.
Justice Nyako noted that Kanu’s trial had, since 2015, suffered various setbacks owing to over 19 interlocutory applications that have been filed in the matter.
She therefore implored the parties to allow the case to proceed to trial to enable the charge to be determined.
Ahead of the ruling on the bail application on Wednesday morning, the Federal Government filed a six-count amended charge against Kanu.
Justice Nyako, however, rebuked the prosecution for filing the amended charge just hours before the ruling. She said she was not aware of the amended charge until she got to the court.
According to her, the prosecution cannot dump the new amended charge on the court on the morning of the hearing.
Kanu had 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, prayed the court to release him on bail, pending the determination of the charge filed against him by the Federal Government.
He equally prayed the court to order the Department of State Services (DSS) to produce his medical report..
Kanu told the court that he was severely tortured for eight days in Kenya before being repatriated to Nigeria to continue his trial.
He alleged that his health condition deteriorated following “a highly poisonous substance” he said was injected into his system. According to him, the poisonous substance is causing him to have constipation and increased heartbeat.
The IPOB leader that the DSS lacks the necessary medical facility to cater for his health needs,
The IPOB leader told the court that he has “credible and reliable sureties”.
The Federal Government urged the court to refuse the bail application.