Legal Nigeria

Court denies Kanu, others bail

A Federal High Court, Abuja on Friday dismissed the bail application of Nnamdi Kanu, the leader of Indigenous People of Biafra (IPB) and founder, Radio Biafra.
The News Agency of Nigeria (NAN) reports that Benjamin Madubugwu and David Nwawuisi charged along with Kanu were also denied bail.
Delivering ruling, Justice John Tsoho held that the applicants failed to meet up with the requirements to be admitted on bail.
“The application is hereby refused and the applicants are ordered to be remanded in Kuje prison pending the determination of the case,’’ Tsoho held.
Specifically, the judge held that the bail was refused because of the nature of the alleged crime against the accused persons – treasonable felony, conspiracy and possession of unlawful fire-arm.
Tsoho said that, if granted bail, there was higher propensity for the applicants to continue with the agitation for the actualisation of the State of Biafra.
“The contention between the prosecution and the defendants hinges on the un-disclaimed readiness of Kanu and his group to continue with their agitation and the mandate of the Federal Government to maintain law and order.
“The court is therefore, inclined to believing that the applicants are prepared to stir unrest as submitted by the prosecution.
“The first applicant (Kanu) is said to have a dual citizenship, being a citizen of Nigeria and Britain.
“This dual status widens probability to escape from justice,’’ he held.
Tsoho further said that in line with the provisions of Sections 162 and 168 of the Administration of Criminal Justice Act (ACJA) applicant for bail shall fulfill some criteria.
“These criteria include, but not limited to; the nature of charge, security of listed witnesses, pending criminal record of applicant, probability of applicant of not surrendering himself for trial and punishment allotted to crime committed.
“From the addresses before me, it is clear that the applicants have failed to dispel the fears raised by the prosecution team.
“The prosecution has urged the court to take judicial notice of the veracity of the charge and the life punishment the treason allegation attracts,’’ Tsoho said.
The Judge also held that it was wrong for the defendant counsel to insinuate that the ACJA makes granting of bail mandatory.
The Judge adjourned till Feb. 9 to Feb. 12 for definite trial.
Speaking to newsmen after the session, Chief Chucks Muoma (SAN), counsel to the applicants said the decision would be appealed.
The Nation