The Federal High Court in Abuja yesterday dismissed the bail application by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB).
It also dismissed his bid for the revocation of the arrest warrant issued against him when he ceased to attend court.
Justice Binta Nyako described the application, filed by Kanu’s lawyers, led by Mike Ozekhome (SAN), as an abuse of the court process.
She held that Kanu failed to provide satisfactory reasons why he failed to appear in court for the continuation of his trial shortly after he was granted bail on health grounds in 2017.
The judge faulted Kanu’s claim that he was forced to flee the country and was denied a fair hearing when the court revoked his bail and ordered his arrest for jumping the bail.
She noted that, from the court’s records, Kanu’s lawyers and sureties were present the day his bail was revoked and the bench warrant issued for his arrest.
Justice Nyako added: “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.”
Justice Nyako added that although a court possesses the power to vacate its order, she has not been given any cogent reasons to so act.
The judge said: “The present application amounts to an abuse of court process for attempting to re-litigate 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.”
Kanu is standing trial on a seven-count treasonable felony charge.
Justice Nyako had in 2017 granted Kanu bail, which was later revoked because he violated the conditions.
Kanu applied for the vacation of the order for his arrest and the restoration of the bail earlier granted him.
He claimed to have been compelled to leave the country following an alleged invasion of his family home in Abia State by men of the Nigerian Army.
Justice Nyako, in a ruling on March 18, rejected the application.
After the judge’s ruling on Tuesday, the prosecuting lawyer, David Kaswe, requested the commencement of trial, but Ozekhome objected.
He said his client has filed an appeal against an earlier ruling of the court in which it voided eight out of the 15 counts contained in the charge against Kanu.
Ozekhome said his client believed that all the counts ought to be voided since the alleged offences were said to have been committed outside the country.
He added that Kanu has therefore appealed the court’s decision to retain seven of the counts and on which basis it planned to try the defendant.
Ozekhome prayed the court to halt further proceedings pending the outcome of the appeal, which he claimed, had been entered and the record of proceedings transmitted.
Kaswe objected to the request for a stay of proceedings and cited the provision of the Administration of Criminal Justice Act (ACJA) 2015, which, he said, prohibits any form of a stay of proceedings in a criminal case.
Justice Nyako agreed with Ozekhome on the need to await the Court of Appeal’s decision.
She adjourned until November 14
