Th e Federal Government has asked a Federal High Court in Abuja, to revoke the bail it granted leader of the Indigenous People of Biafra IPOB, Nnamdi Kanu and return him to prison. Th e federal government said that Kanu has not only breached the conditions attached to the bail granted him on April 25 this year on health ground, he has allegedly conducted himself in manners that threaten public peace.
Th e government maintained that Kanu had disobeyed court’s directives that he must not be seen in a crowd of over 10people. It cited Kanu’s alleged threat that elections would not hold in South East states until a referendum is conducted on whether or not Biafra should separate, and instances where the IPOB leader addressed crowd exceeding 10. In a counter-motion, dated August 1, 2017 fi led by Magaji Labaran of the Federal Ministry of Justice, the government urged the court to dismiss an application by Kanu, seeking a review of the bail conditions.
According to the counter-motion, not only had Kanu met the bail conditions and was enjoying the bail; it was an aff ront to the court’s authority for the IPOB leader to approach the court for the review of the bail conditions, having allegedly breached the conditions. “Th e off ence for which he (Kanu) is standing trial is not ordinarily bailable; the court, not withstanding, granted bail to the 1stdefendant/ applicant (Kanu) on health grounds on 25th April 2017. “
Among other conditions for the bail of the 1st defendant is that he should not be seen in crowd exceeding 10 people; that he should not grant any interviews, hold or attend any rallies; that he should fi le, in court, medical updates of his health status every month. Th e bail conditions were perfected by the 1stdefendant/ applicant, which he is currently enjoying. “Rather than observing all the conditions listed above, the 1st defendant, in fragrant disobedience to the court order, fl outed all conditions given by the court. “Th e 1st defendant
equally incited his members to disrupt, disallow and boycott elections in South East states, starting with Anambra state gubernatorial election scheduled for November 18 if the Federal Government failed to hold referendum for the realization of the state of Biafra.” Th e motion also states that, “the 1st defendant has already declared the bail conditions given by the court unconstitutional before approaching this court with the application for variation. Rather than showing remorse for his actions, the 1st defendant approached this court with an application for a review of the same conditions for the bail which he grossly fl outed. “Considering the above, that the 1st applicant has violated the conditions on which the terms of his bail were premised, we urged this court to commit the defendant to prison by invoking the provision of Section173(2)(B) of the Administration of Criminal Justice Act, 2015.” “We categorically state that justice would have been denied the state by this court, if the state is not protected from the off ences being perpetrated by the 1stdefendant/ applicant,who is currently on bail,” the government said. Kanu and four other suspected IPOB members Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie are being tried before the Federal High Court, Abuja on off ences relating to conspiracy and treasonable felony. More so, Kanu, who will be facing four out of the fi ve amended charges, has declared his determination to get the charges quashed for being “grossly incompetent” and for “want of diligent prosecution.” Th e self-acclaimed Igbo leader, through his lead counsel, Mr.Ifeanyi Ejiofor, accused FG of violating an express order of the trial court that forbade any of the parties from fi ling any form of interlocutory application pending the commencement of full-blown trial of the defendants.
