Justice Binta Nyako of the Federal High Court, Abuja, yesterday, refused to admit the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to bail.
Justice Nyako, in a ruling, held that since Kanu was earlier granted bail in 2017 and jumped the bail, the court must first determine the real reason he jumped the bail before he reapplies for another one. She then dismissed his application for bail.
The court had, on April 8, exonerated the Federal Government on the allegation that the leader of the IPOB was forcefully abducted abroad to stand his trial.
Nyako, in a ruling, held that rendition for the purpose of criminal investigation is allowed, adding that since Kanu was on bench warrant, the law allowed that anywhere he was sighted, he would be arrested and be brought to face his trial.
The judge, who dismissed Kanu’s move to challenge the terrorism charge, upheld seven counts in the fresh charge filed by the federal government against the IPOB leader.
She said that the federal government, through the Office of the Attorney-General of the Federation (AGF), had been able to establish some allegations against Kanu on counts one, two, three, four, five, eight and 15.
After the review of the 15 counts, she held that about eight of the counts appeared to be similar and did not disclose action.
She, therefore, ordered that counts six, seven, nine, 10, 11, 12 13 and 14 should be struck out.
Nyako also ruled that the order proscribing IPOB as a terror group still subsisted until it was vacated, since the issue was still on appeal.
She dismissed the argument of Chief Mike Ozekhome, SAN, counsel for Kanu, that whether IPOB was a terrorist organisation, under the Nigerian law or not, was still a subject of appeal.
Meanwhile, the Federal Government has withdrawn the newly amended charge against Kanu.
The government, yesterday, filed a six-count amended charge against the IPOB leader.
After the judge denied Kanu bail yesterday, 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.”
Ozekhome protested that the federal government had amended charges against Kanu seven 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.
