The Federal Government on Friday asked the Federal High Court sitting in Abuja for an order revoking the bail granted leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu on April 25, 2017.
In a Motion on notice brought pursuant to section 169 and 173 (2)(b) of Administration of Criminal Justice Act 2015, filed by Magaji Labaran, a Principal State Counsel in the office of the Attorney General of the Federation (AGF) and Minister of Justice the Federal Government also wants an order of the court directing the arrest and committing the IPOB leaders to custody pending trial.
The application seeking the revocation of Kanu’s bail was made available to newsmen on Friday in Abuja by the Special Assistant to the AGF on Media and Publicity, Salihu Isah.
The Federal Government hinged its fresh application where-in it is seeking the revocation of Kanu’s bail on the grounds that the IPOB leader had flouted the terms and conditions of the bail.
Justice Binta Nyako of the Federal High Court in Abuja, handling the treasonable charges against Kanu and his co-defendants had, in her ruling delivered on April 25, 2017 granted bail to Kanu, but dismissed the separate bail applications filed by his co-defendants, Chidiebere Onwudiwe; Benjamin Madubugwu as well as David Nwawuisi.
After Justice Nyako delivered its ruling on the defendants’ bail applications, the prosecuting counsel, Magaji Labaran amended the charges to include another co-defendant, Bright Chimezie.
The Federal Government, in its fresh application, asked the court to revoke the bail granted Kanu and order his immediate arrest by the police.
The Federal Government’s counter-affidavit filed in support of the motion and deposed to by a litigation clerk in the Office of the Director Public Prosecutions (DPP) highlighted Kanu’s alleged acts of serial violation of the bail conditions imposed by the court and added that the IPOB leader had violated all the bail conditions.
It stated that the essence of the bail, which was for Kanu to look after his health, had been defeated and added that, “instead of using the opportunity of his bail to attend to his health needs, Kanu went ahead to inaugurate a security outfit known as the Biafra Security Service”, which he noted, constituted a threat to national security.
It also cited an instance of how Kanu allegedly incited his followers, “to disrupt, disallow and boycott elections in South East states, starting with Anambra State governorship election scheduled to hold on November 18, 2017, if the Federal Government failed to hold a referendum for the realisation of the state of Biafra nation.”
In granting Kanu’s bail application, Justice Nyako held that the IPOB leader must not hold rallies, he must not grant interviews, must not be in a crowd of more than 10 people, must provide three sureties in the sum of N100 million each and that one of the sureties must be a senior highly placed person of Igbo extraction such as a senator.
Other terms for Kanu’s bail include, that the second surety who would stand for him must be a highly respected Jewish leader since Kanu said his religion is Judaism, the third surety must be a highly respected person who owns landed property and is resident in Abuja, the IPOB leader must deposit his Nigerian passport, he must also deposit his British passport with the court and that he must provide the court with reports on the progress of his health and treatment on a monthly basis.
Kanu had, in his application filed on July 1, 2017, maintained that parts of the bail conditions prohibiting him from being seen in a crowd exceeding 10 persons, granting press interviews and holding or attending rallies violated his constitutional rights.
His counsel, Ifeanyi Ejiofor, stated in the motion that the undesirable bail terms and conditions were contained in paragraphs 2(vii) and (viii) of the court’s ruling granting bail to his client on April 25.