A Federal High Court in Abuja on Friday denied bail to the
leader of the Indigenous People of Biafra and founder of Radio Biafra, Nnamdi
Kanu, and his two other co-accused.
Kanu, David Nwawusi and Benjamin Madubugwu are being
prosecuted on six counts of treasonable felony, unlawful possession of firearms
and other offences bordering on their agitation for secession of the Republic
of Biafra from Nigeria.
Justice John Tsoho, in rejecting the accused persons’ bail
application on Friday, held that they were not entitled to bail as they failed
to challenge the allegation by the prosecution that they would not continue to
commit the alleged crime for which they were being prosecuted if granted bail.
Earlier before the ruling was delivered on Friday, the
lawyer, who had on January 25, 2016 argued the bail application on behalf of
the accused persons, Nnoruka Udechukwu (SAN), withdrew from the case, following
a handwritten letter sent to Justice Tsoho by Kanu from his custody in Kuje
Prison.
The content of the letter, dated January 26, 2016, which was
addressed before the judge proceeded to deliver the ruling on the bail
application on Friday, informed the judge that he had not instructed Udechukwu
to represent him.
Udechukwu, who, however, claimed that he was instructed to
handle the case, promptly withdrew from the case and handed over to Mr. Chuks
Mouoma (SAN) and Mr. Ifeanyi Ejiofor, whom Kanu indicated as his preferred
lawyers in his letter.
Justice Tsoho had earlier noted that there was no objection
to his being represented by Udechukwu during the hearing of the application on
January 25.
Meanwhile, the judge in his ruling upheld the contention by
the prosecuting counsel, Mr. Mohammed Diri, who had opposed the bail
application, to the effect that the accused were likely to interfere with and
intimidate prosecuting witnesses.
The judge also ruled that contrary to the contention by
defence lawyers, the charge of treasonable felony, which attracts life
imprisonment on conviction, are serious ones as held by the Supreme Court in
Federal Government’s case against Asari Dokubo.
He also held that the charges filed by the Federal
Government were not trumped-up as contended by the defence.
He held that the defence failed to contradict the exhibits
tendered by the prosecution in opposing the bail application to the effect that
the accused were likely to constitute “threats to the peace and tranquility of
the country.”
He ruled that rather than contradict the allegation with a
rebuttal, the applicants chose to “maintain that they are within their right to
agitate for self-determination.”
“In my view, this does not contradict the allegation. It is
trite that an allegation not challenged is deemed admitted,” the judge held.
He also rejected the defence’s contention that the continued
arrest since October 14, 2015, violated his rights under section 35.
The judge also ruled that Kanu’s admission that he was a
dual citizen of Nigeria and Britain further “heightened the possibility of him
jumping bail.”
The judge ruled that rather than grant bail to the accused
persons, he would order an accelerated hearing of the case with the possibility
of hearing it on daily basis.
“It is my candid opinion that the three defendants are not entitled
to bail. Accordingly, they are to be detained in prison pending their trial,”
the judge ruled.
He adjourned till February 9, 10, 11 and 12 for trial.
Kanu was in the custody of the Department of State Service
since his arrest in a Lagos hotel on October 14, 2015 till January 20, 2016,
when he was transferred to prison by an order of Justice Tsoho, shortly after
he was arraigned along with two others.
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