The leader of the Indigenous People of Biafra, Nnamdi Kanu, has filed a new bail plea. The Federal High Court in Abuja has set a hearing date of March 19, 2024, to decide on it.
Additionally, the court set March 20 for the start of the continued trial.
Since 2015, Kanu has been on trial for offenses including terrorism and treasonable felonies.
After serving 18 months in jail, he was previously granted bail on health grounds on April 25, 2017, but he left the nation in September 2017 following a military incursion into his home.
Following Kanu's discharge and acquittal by the Court of Appeal in October 2022, his trial was placed on hold.
The appellate court also ruled that Kanu's rendition from Kenya to Nigeria was illegal and illegitimate, and it overturned all of the federal government's terrorism-related allegations against him.
But the FG filed an appeal with the highest court against the ruling.
In its ruling on December 15, 2023, the Supreme Court mandated that Kanu's trial be continued.
The court ruled that no national statute could prevent a trial from proceeding because a suspect's rights had been violated.
Both the prosecution and the defendant got new attorneys at Kanu's reopened trial on Monday. For the prosecution, Adegboyega Awomolo (SAN) took over from David Kawse, and for the defendant, Alloy Ejimakor took over from Mike Ozehkome.
This modification was not explained in court.
Awomolo urged the judge to follow the Supreme Court's ruling, telling the court that the prosecution was prepared for trial.
He declared, "Counts 1, 2, 3, 4, 5, 8, and 15 were observed by your ruling in which the defendant pled not guilty. The Supreme Court upheld your decision. We implore your lordship to proceed with the case's merit-based hearing.
Our witnesses are prepared, and we are prepared to move forward with the case. We implore your lordship to follow the Supreme Court's ruling.
Ejimakor informed the court that he had submitted a preliminary objection along with an application for his client's bail.
However, Awomolo begged the court to extend his time so he could review the defendant's more comprehensive and improved affidavit.
"I am opposed to the bail," he declared. The longer and more thorough affidavit is lengthy. Although we can accept the preliminary objection, we must address it first.
Trial judge Justice Binta Nyako bemoaned the counsel's conduct, claiming it had previously resulted in proceedings being cut short.
"This is precisely how this case has been going since 2015," the speaker declared. I'm conversing with both parties. This is not the fault of any one party. You have been cutting things short.
"I've already written decisions on Kanu's bail requests nine times. A trial is not prevented by a bail request.
Given Kanu's declining health, Ejimakor demanded that the bail application be considered.
Additionally, Kanu's life was in danger due to the DSS's ongoing imprisonment of him.
"I implore my lord to grant the defendant bail," Ejimakor stated. We would want to underline that the 22-paragraph supplemental and improved affidavit, dated February 22, raises several difficulties. There were five exhibits filed in addition to the first four. It is important to note that this is an application for bail, not for reinstatement of bail.
"In the end, your judgment will determine what prevails when the defendant has a health issue, as stated in Section 161 of the Administration of Criminal Justice Act.
The defendant has a very serious health problem, as the papers clearly show. He has elevated blood pressure as well. The injuries they received in Kenya is still on file with this court, as is their prior status. He's been sick with a heart ailment lately.
"We humbly submit that the defendant's circumstances speak for themselves. Section 161's requirement has been satisfied. The DSS facility is not equipped to treat illnesses that pose a threat to life. The police and the DSS cells are the same. They lack the resources to care for him.
He faces a threat to his life if they keep him in custody. Their amendments were the reason for the adjournment. We have the right to submit motions. We had nothing to do with the wait to try him. Section 161 states that my lord has the authority to determine what additional circumstances apply to the bail requirements.
Ejimakor contended that Kanu would be unable to mount a strong defense if he remained behind bars.
He declared, "He cannot mount a successful defense while he is being held in custody if we are to have a fair trial in this case. We took a process to the DSS, who seized it. We are not permitted to take notes by the DSS. Max Opera, my colleague, was almost nude. In the room where we have our meetings, they have covert listening equipment.
Awolomo requested in his argument that the court reject the bail application and instead schedule an expedited hearing.
"We urged your lordship to dismiss and order accelerated hearing," the speaker stated. Section 161, which gives the judge this authority. The most important thing is that the applicants have to demonstrate that there are no medical facilities available to care for him.
"They are looking after him." Drugs have been administered to him. He didn't meet that requirement. Nothing remarkable, scientific, or medically verifiable to indicate that he is qualified for bail given the nature of the offense he is accused of. Long ago, an investigation and arraignment were completed. The trial is ready to begin. The best is to order an accelerated hearing.
The Supreme Court has resolved the rendition dispute, hence it is not admissible before this court. Furthermore, you are not bound by the rulings of other courts, and the verdicts they boast about have been challenged.
"At one point, this court records that he was granted bail, but he jumped it. Until your lordship sets it aside, that record stands. Furthermore, he does not swear in their affidavit that he will not post bail if it is granted. It is best for everyone involved if this case is decided based on merit. We are prepared and eager to work on this issue day by day in order to see that it is resolved.
Ejimakor asked the court to stop the DSS from seizing lawyers' files and forbidding them from taking notes during meetings with Kanu at their facility in his preliminary objection, which was filed on February 19.
In addition, he asked the court to respect Kanu's rights and desist from listening in on talks.
"We further request an order setting up a non-custodial center so Kanu can meet with attorneys of his choosing prior to the start of the trial.
"We tried to change him by bringing clothing, but he refused them. Notwithstanding your prior order, nothing has changed. Today, we had matters brought before the court. He continued, "There is no way he can mount a convincing defense while in custody.
Awolomo stated that the preliminary objection is a blatant misuse of the legal system.
He called it an insult to the court since, through the procedure, the defendant was telling the judge what to do.
"This is a complete abuse of the court process," stated Awolomo. It is not covered by our laws and is not based in the ACJA. Not even a lawyer of any caliber should be dictating to the court what needs to be done by a defendant before a trial can begin. The court is being insulted by this.
The purpose of the application is to irritate and postpone the process. It was decided that the lead counsel's letters would be the only ones approved. He was never stopped from following his instincts and changing advice. The DSS needs to keep his life safe. Additionally, the clothing you brought is IPOB-related.
The trial judge gave Kanu permission to wear whatever simple cloth that was provided to him.
"He should be allowed to wear any plain clothes they bring," she stated. Beads are not permitted. Please don't let me say this again. He is not allowed to dress in any traditional manner, not even Hausa.
Nyako postponed the decision on the bail application until March 19 and the start of the trial until March 20.
No comments:
Post a Comment