A Federal High Court in Abuja on Tuesday dismissed a fresh application for bail by the detained leader of the Indigenous People of Biafra, Nnamdi Kanu.
The application was submitted pending the Federal Government’s decision on the treason-related felony allegation against him.
Kanu, who is currently facing a seven-count charge, appealed the court’s earlier decision to revoke his bail in the application he submitted through a team of attorneys led by Chief Mike Ozekhome (SAN).
He sought the court to overturn its March 28, 2019 judgement, which not only issued an arrest warrant for him but also gave FG permission to trial him in absentia.
The IPOB leader told the court that contrary to FG’s allegation that he jumped bail, he said that he fled for his life after his home town at Afaraukwu Ibeku in Umuahia, Abia State, was invaded by soldiers, which he said led to the death of 28 persons.
While contending that he was denied fair hearing before his bail was revoked, Kanu, attached eight exhibits that included photographs, as well as an affidavit he deposed to from Isreal after he fled from the country.
Meanwhile, dismissing the bail request on Tuesday, trial Justice Binta Nyako, said she was not satisfied with the reason the IPOB leader gave for his failure to appear in court for continuation of his trial.
The trial judge noted that frok records of the court, Kanu, was represented by his lawyer on the day his bail was revoked, likewise his sureties.
“In fact, he sureties told the court that they did not know the whereabout of the Defendant and even applied to be discharged from the matter.
“Therefore, the Defendant was not denied fair hearing”.
Justices Nyako also held that though a court could vacate a previous order when confronted with a cogent and verifiable reason, “in the instant case, I have not been given any, neither have I been given any reason to set-aside the order.
“The present application amounts to an abuse of court process for attempting to relitigate an issue already decided by the court.
“If the Defendant is dissatisfaction, he has the Appeal Court to go to.
This application is accordingly dismissed”, Justice Nyako said.
The Judge had also on March 18, declined to release the embattled IPOB leader on bail.
The court maintained that Kanu must explain the reason 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”, Justice Nyako said.
Meanwhile, the case has been adjourned till November 14 for mention/to await the outcome of Kanu’s appeal.
