A fresh application for bail filed by the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, was on Tuesday thrown into the air by Justice Binta Nyako of a Federal High Court sitting in Abuja, Nigeria.
It would be recalled that the application was filed pending the determination of the treasonable felony charge slammed against him by the Federal Government of Nigeria, FGN.
The detained proscribed IPOB leader who is currently facing a seven-count charge had in the application he filed through his team of lawyers led by Chief Mike Ozekhome (SAN), also challenged the revocation of the bail the court earlier granted to him.
Kanu had asked the court to set aside the order it made on March 28, 2019, which not only issued a bench warrant for his arrest but also gave FG the nod to try him in absentia.
The IPOB leader had further notified the court that contrary to FG’s allegation that he jumped bail, 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.
In insisting that he was not given fair hearing before his bail was revoked, Kanu attached eight exhibits that included photographs, as well as an affidavit he deposed to from Isreal after he fled from the country.
But dismissing the request for bail, Justice Nyako said she was not satisfied with the reason the IPOB leader gave for his failure to appear in court for the continuation of his trial.
The judge pointed out that from the records of the court, Kanu was represented by his lawyer on the day his bail was revoked, likewise his sureties.
According to Justice Nyako, “In fact, the sureties told the court that they did not know the whereabouts of the Defendant and even applied to be discharged from the matter.
“Therefore, the Defendant was not denied a fair hearing. 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 dissatisfied, he has the Appeal Court to go to.
This application is accordingly dismissed.”
Justice Nyako adjourned till November 14 for mention/to await the outcome of Kanu’s appeal.
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