The leader of the Indigenous People of Biafra (IPOB), 20, 2024, know his fate in his request for restoration of his bail and his removal from the custody of the Department of State Services (DSS) to house arrest.
Justice Binta Nyako of the Federal High Court, Abuja, fixed the date on Wednesday after taking arguments from Kanu’s legal team led by Alloy Ejimakor and that of the Federal Government, represented by Chief Adegboyega Awomolo (SAN).
In a motion argued by Ejimakor, Kanu, who has been in detention since 2021, requested the court to restore the bail granted to him in 2017 by Justice Nyako.
He told the court that, contrary to the claim by the Federal Government, he did not jump bail or breach any of the bail conditions but had to escape out of the country when the military allegedly invaded his house.
The detained IPOB leader also said he would have been killed if he had not escaped the way he did and accused the Federal Government of misleading the court to get the bail revoked in his absence.
He also asked the court to set aside the arrest warrant issued against him by the court while he was out of the country.
In a separate motion, also argued by his legal team, Kanu demanded his removal from the custody of the DSS to a house arrest in Abuja or in any part of the country or, in the alternative, to remand him in prison.
Besides, he asked that his lawyers must be allowed unhindered access to him to enable him to properly prepare for his defense in the terrorism charges preferred against him, adding that, until those conditions are met by the Federal Government in line with Section 36 of the 1999 constitution, he would not submit himself for trial.
However, the Federal Government’s legal team, led by Chief Awomolo opposed granting of all the requests made by Kanu.
He, among others, said, in a criminal matter, no defendant has right to dictate to court how his prosecution would be conducted, adding that, Kanu was once admitted to bail but breached the bail by escaping out of the country under false claims.
The senior lawyer argued that the fresh request for bail by Kanu is a gross abuse of court process, having been rejected earlier by the same court, and that, the only option available to Kanu is to go to the Court of Appeal to challenge the rejection since the High Court cannot overrule itself.
On the request for the removal of Kanu from DSS custody, Awomolo said, the only safe and secure environment for Kanu remains the DSS custody.
He urged the court to dismiss the allegation of hindered access to lawyers by Kanu, adding that, in his application and the supporting affidavit, he, Kanu failed to name any DSS operative hindering lawyers from accessing him or eavesdropping during conversation with lawyers.
Speaking with journalists after the proceedings, a member of the House of Representatives, Hon Ikenga Ugochinyere praised Kanu’s lawyers for ensuring that, they get fair trial for their client adding that, under the present circumstances, there would be no opportunity for Kanu to get better deal when his hands and legs are tied in the custody of the DSS.
He appealed to President Bola Tinubu to end the trial logjam by ensuring out-of-court settlement for general peace to reign in the country.