From Godwin Tsa, Abuja

The Abuja division of the Federal High Court has dismissed a fresh bail application filed by detained leader of the Indigenous People of Biafra (IPOB),  Nnamdi Kanu, for constituting an abuse of court process.

It was the second time  the court would reject bail request by the IPOB leader, who is facing seven-count terrorism-related charges.

In the dismissed application, Kanu had through his lead counsel, Chief Mike Ozekhome (SAN), sought to be released on bail, pending the determination of the treasonable felony charge the Federal Government preferred against him. He had equally urged the court to set aside its earlier order made on March 28, 2019, for the revocation of his bail as well as an order for his warrant of arrest.

Justice Binta Nyako had in that ruling directed that the trial should proceed in his absence.

But in his fresh application, the IPOB leader who denied jumping bail, argued that he only fled the country when his life was under threat occasioned by the military invasion of his home town of Afaraukwu Ibekwu in Umuahia, Abia State. He told the court that the military invasion resulted in the death of 28 persons.

Kanu argued that the order of the court was made in breach of the fundamental rule of natural justice, attached photographic exhibits to prove his case.

In her ruling, Justice Nyako while conceding to the fact that upon being presented with facts, a court has the power to set aside its earlier order, said the defendant in the present application did not offer any justifiable reason to warrant the setting aside of the order.

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On the issue of denial of fair hearing, the judge held that “from the record of the court, the applicant was represented in court by his counsel and also his surety who told the court that he did not know his whereabouts.”  So, he was given fair hearing.

She said from when the defendant was granted bail to the time he stopped coming to court, the case suffered 15 adjournments before his bail was finally revoked.

The court maintained that Kanu must explain  why he breached the previous bail that was given to him, before he could enjoy another favourable  discretion from it.

“Until the issue of the absence of the defendant 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 defendant is at liberty to re-file the application. If the defendant is dissatisfaction, he has the Appeal Court to go to. This application is accordingly dismissed,” Nyako held.

Further proceedings have been adjourned to November 14, to await the outcome of the appeal lodged by Kanu before the Abuja division of the Court of Appeal.

Kanu who is facing a seven count felony charges was first arraigned in 2016 alongside four others and was admitted to bail on health ground.

The court had released him in 2017 after he secured a bail bond of N100 million with three sureties in like sum.