The Federal High Court sitting in Abuja on Tuesday rejected the fresh bail application filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking to be released on bail pending the determination of the charges against him by the Nigerian government. Instead, Justice Binta Nyako ordered an accelerated hearing on the seven charges leveled against him by the government.
Kanu, in the application filed on February 5 through his legal team led by Aloy Ejimakor, prayed the court to grant him bail on the “most liberal terms” due to his deteriorating health condition. Ejimakor argued that there was no dispute regarding Kanu’s severe health problem, confirmed by a government-owned hospital. Specifically, he revealed that a series of tests conducted on Kanu showed he was suffering from hypertension and acute cardiac disease.
“Our humble submission is that the accused’s health condition speaks for itself, and the health problem persists despite the treatment offered to him by the detaining authority,” Ejimako added. He argued that Kanu’s continued detention by the Department of State Services (DSS) posed a threat to his life, adding that the accused’s bail would enable him to effectively prepare his defense against the charges.
Furthermore, Ejimakor emphasized that the apparent delay in the legal proceedings was the fault of the government, which, he claimed, had repeatedly amended the charges. Regarding the court’s observation that Kanu had waived his bail, Ejimakor argued that this development had become academic in light of various court rulings on the matter.
On his part, the FG’s counsel, Chief Adegboyega Awomolo, SAN, opposed the bail application, insisting that there was no guarantee that Kanu would make himself available for trial once released from detention. Awomolo, SAN, told the court that the security agency had exercised due diligence to protect Kanu’s life. He urged the court to dismiss the bail application and order an accelerated hearing of the case.
According to the prosecutor, Section 161 of the 1999 Constitution, as amended, stipulates that the accused must prove that the authorities did not provide him with access to quality healthcare in his detention center to qualify for bail on health grounds. The lead counsel further argued that nothing tangible had been presented to the court to establish an exceptional circumstance justifying Kanu’s bail.
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