A Federal High Court in Abuja has turned down the request for bail by the detained leader of the proscribed Indigenous People of Biafra (IPOB) Nnamdi Kanu.
Kanu, who is being tried for alleged treasonable felony offence, had applied for bail pending the determination of his trial.
Justice Binta Nyako, in her ruling Wednesday, held that the defendant did not deserve to be granted bail the second time, having abused the one earlier granted.
Justice Nyako said: “Until the issue of absence of the defendant for his trial, with all the bail conditions breached, is determined, the instant application of the defendant for bail will at best be premature and it is refused.
“However, the defendant is at liberty to re-file the application.”
The judge noted that substantial progress has not been made in the trial because of the many interlocutory applications filed since the commencement of the case in 2015.
She noted that over 19 of such applications have been filed by parties.
The judge asked parties to allow the case to proceed to trial to enable the charge to be determined, one way or the other.
Justice Nyako equally struck out the amended charge filed by the prosecution.
Lead defence lawyer, Mike Ozekhome, drew the court’s attention to the amended charge.
Ozekhome claimed that the amendment was the seventh by the prosecution and argued that it was intended at further delaying proceedings in the case.
In response, prosecuting lawyer, David Kaswe, faulted Ozekhome’s claim that the amended charge was intended to delay proceedings.
Kaswe suggested that the trial could proceed pending when the amended charge was adopted.
He said the amendment did not substantially alter the existing charge, a position Ozekhome countered and said the prosecution introduced new evidence with the amended charge.
Ozekhome added: “The new amended charge, they attached a lot of new pieces of evidence and documents, including the pictures of lawyers waiting to have a meeting with the defendant which they took with their hidden cameras.”
Justice Nyako intervened and said since the charge had been filed, the court has taken judicial notice of the amended charge and that trial cannot continue on the previous charge.
Following the judge’s observation, Kaswe applied to withdraw the amended charge, subsequent upon which the judge struck it out.
The prosecution had, in the amended charge, listed some lawyers in Kanu’s legal team, including Ifeanyi Ejiofor and Maxwell Opara, as accomplices.
It claimed that the lawyers were constantly in contact with Kanu after he jumped bail and fled the country.
Further hearing in the case has been adjourned till May 26.
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