The Court of Appeal sitting in Abuja, the Federal Capital Territory on Tuesday, has reserved judgment on the case against the detained leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu.

Human rights Lawyer, Mike Ozekhome (SAN), who led the delegation of legal practitioners representing the IPOB leader, urged the court to strike out the remaining charges citing a lack of credibility.

Ozekhome specifically prayed the appellate court to review the April 8 ruling of the trial court which struck out only eight out of the 15 charges.

He also insisted that the charge FG entered against him had no basis in law. Kanu, in his appeal dated April 29 and marked CA/ABJ/CR/625/2022, applied to be discharged and acquitted.

However, following an application the embattled IPOB leader filed for abridgement of time, the appellate court brought the matter forward for hearing as against the initial October 11 fixed for the hearing.

When the matter was called up today, a three-man panel led by Justice Jummai Hanatu, said it had no need to delve into the issue of bail since the substantive appeal was ripe for hearing.

Arguing the appeal claim, Ozekhome alleged that his client was forcefully abducted from Kenya and illegally renditioned back to the country.

He told the court that his client was first arraigned on December 23, 2015 and was later granted bail on April 25, 2017.

“My lords, he was enjoying this bail without breaching the terms. However, he was in his ancestral home when agents of the respondent invaded his home in September 2017.

“When the Appellant travelled from London to Kenya, agents of the respondents, on June 27, 2021, forcefully abducted the appellant, tortured and renditioned him back to the country without following any extradition process,” Ozekhome added.

He further argued that Kenya, being the country from where Kanu was arrested and extraordinarily renditioned back to Nigeria, ought to have authorised his extradition.

Meanwhile, the FG, through its lawyer, Mr. David Kaswe, urged the court to dismiss the appeal for want of merit.

He asserted that the IPOB leader was brought back to the country by due process of the law.

He argued that the charge had been amended seven times owing to the conduct of the appellant.

“My lords, it took four years and huge resources to get the respondent arrested and brought back to face the charges against him.

“We are saying that the trial court was even wrong to have struck out the eight charges as it did.

“It is only after the FG has produced all its witnesses and tendered its evidence that the Appellant could claim that no prima-facie case was established.

“Finally, we urge this court to dismiss the appeal for lacking in merit,” Kaswe added.

After listening to both sides, the panel said it would communicate a date for the judgment.

Punch/ Titilayo Kupoliyi

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A Federal High Court in Abuja on Tuesday dismissed a fresh application for bail by the detained leader of the Indigenous People of Biafra, Nnamdi Kanu.

The application was filed pending the determination of the treasonable felony charge against him by the Federal Government.

Kanu, who is currently facing a seven-count charge, had in the application he filed through his team of lawyers led by Chief Mike Ozekhome (SAN), also challenged the revocation of the bail the court earlier granted to him.

He asked the court to set aside the order it made on March 28, 2019, which not only issued a bench warrant for his arrest, but also gave FG the nod to try him in absentia.

The IPOB leader told the court that contrary to FG’s allegation that he jumped bail, he fled for his life after his home town at Afaraukwu Ibeku in Umuahia, Abia State, was invaded by soldiers, which he said led to the death of 28 persons.

While contending that he was denied a fair hearing before his bail was revoked, Kanu attached eight exhibits that included photographs, as well as an affidavit he deposed from Isreal, after he fled from the country.

Meanwhile, dismissing the bail request on Tuesday, Justice Binta Nyako said she was not satisfied with the reason the IPOB leader gave for his failure to appear in court for the continuation of his trial.

The trial judge noted that from records of the court, Kanu was represented by his lawyer on the day his bail was revoked, likewise his sureties.

“In fact, he sureties told the court that they did not know the whereabouts of the Defendant and even applied to be discharged from the matter.

“Therefore, Defendant was not denied a fair hearing”.

Justices Nyako also held that though a court could vacate a previous order when confronted with a cogent and verifiable reason, “in the instant case, I have not been given any, neither have I been given any reason to set aside the order.

“The present application amounts to an abuse of court process for attempting to relitigate 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”, Justice Nyako said.

The Judge had also on March 18, declined to release the embattled IPOB leader on bail.

The court maintained that Kanu must explain the reason why he breached the previous bail that was given to him, before he could enjoy another favourable discretion from it.

“Until the issue of the 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”, Justice Nyako said.

Meanwhile, the case has been adjourned till November 14 for mention, to await the outcome of Kanu’s appeal.

Punch / Titilayo Kupoliyi