The Federal Government of Nigeria has approached a Federal High Court in Abuja seeking an order to revoke the bail granted to IPOB leader, Nnamdi Kanu and others
The suit which has the FG as complainant/applicant named Nnamdi Kanu, Chidiebere Onwudiwe,Benjamin Madubugwu ,David Nwawuisi and Bright Chimezie as defendants/respondants.
The Motion On Notice according to the court papers was brought pursuant to Section 169 And 173 (2)(B) Of Administration Of Criminal Justice Act 2015, and under the inherent Jurisdiction of the Court
It seeks An Order of the “Court revoking the bail granted the 1st defendant on 25th April, 2017;
“An Order of this Honourable Court directing the arrest and committing the 1st defendant to custody pending trial;
“And for such order or further orders as this Honourable Court may deem fit to make in the circumstance.
The court papers also urged the court to “Take Further Notice that the grounds upon which this application is based are as follows:
“The 1st Defendant is standing trial for alleged offences of conspiracy to commit acts of treasonable felony, treasonable felony and other related offences before this Honourable Court;
“ That the offence for which he is standing trial is not ordinarily bailable;
“That due to the magnanimity of this Honourable court and its quest for justice and fairness he was granted bail on health grounds on 25th April, 2017;
“That among otherconditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people;
“ And that he should not grant any interviews, hold or attend any rallies;
“And that he should file in court medical updates of his health status every month;
“That rather than observing all of the conditions listed above, the 1st defendant in flagrant disobedience to the court order flouted all conditions of the bail;
“The first defendant(Kanu) has in furtherance to the offence he was charged, inaugurated Biafra Security Service;
“That such an act is a grave threat to national security and unity of the country.
“That the grounds mentioned above constitute special circumstances hence this application.
The affidavit of the suit by LovemeOdubo, Male, Christian, Adult of Department of Public Prosecutions of the Federation, Federal Ministry of Justice, Maitama, Abuja states thus:
“That I am litigation clerk in the Office of the Director Public Prosecutions, Federal Ministry of Justice;
“That by virtue of my position I am conversant with the facts of this case;
“That I have the authority of my employer to swear to this counter affidavit;
“That Mr. S.M. LABARAN Esq of counsel and the lead prosecutor in this case informed me in his office in the Federal Ministry of Justice on Monday, the 21stJuly, 2017 at about 10:00 noon and I verily believed him as to the following facts;
“That the 1st defendant/applicant is standing trial for alleged offences of conspiracy to commit acts of treasonable felony, treasonable felony and other related offences before this Honourable Court;
“That the offences for which he is standing trial are not ordinarily bailable;
“That the court notwithstanding, granted bail to the 1st Defendant/Respondent on health grounds on 25th April, 2017;
“That among other conditions for the bail of the 1st defendant are as follows;
- that he should not be seen in a crowd exceeding 10 people;
- that he should not grant any press interviews, hold or attend any rallies;
III. And that he should file in court medical updates of his health status every month;
“ That the bail condition was perfected by the defendant/applicant which he is currently enjoying;
“ That rather than observing all the conditions, the 1st defendant/respondent in flagrant disobedience to the court order flouted all conditions given by the court;
“That the defendant held a rally at his residentin his hometown Afara-UkwuIbeku in Umuahia, Abia State;
“That the said rally with a CROWD exceeding 10 persons was captured in a video published on the 1st June 2017 and circulated throughout the length and breadth of Nigeria and beyond through the internet platform of YouTube;
“That the YouTube video was downloaded and is attached to this affidavit and marked NK1
“That a certificate;
(i) Identifying the CD ROM containing the video and describing the manner in which it was produced;
(ii) Giving such particular of any device involved in the production of that CD ROM as may be appropriate for the purpose of showing that the CD ROM was produced by a computer;
(iii) It was signed by a person occupying a responsible position in relation to the operation of the relevant device
“That the said rally was not held in a synagogue but at the residence of the 1st defendant on Friday evening May 26th, 2017 and ended on Saturday May 27th, 2017;
“ That the rally was tagged “the holy day of Shabbat” to pray for the restoration of “Biafra state”;
“That the 1st defendant equally incited his members to disrupt, disallow and boycott elections in south East Sates, starting with Anambra State Gubernatorial Election schedule for November 18, 2017, if the Federal Government failed to hold referendum for the realization of the state of Biafra;
“ That the 1st defendant’s address published by vanguard online news, dated June 23, 2017is also attached to this affidavit and marked exhibit NK2;
“That the bail granted the defendant/applicant was to enable him go and take care of his health and not for any other purpose;
“That instead of the 1st Defendant to use the opportunity to attend to his health need, he has in furtherance of the offence charged, inaugurated a security outfit known as Biafra Security Service(BSS);
“That his action is a serious threat to security of this country as well as a threat to national unity.
“That from the deposition in the affidavit in support of this application, it is clear that the essence of the bail granted the 1st defendant/applicant is defeated;
“That it will serve the best interest of justice to grant this application as the 1st Defendant/Respondent will not be prejudiced.
“That I depose to this affidavit in good faith and in accordance with the Oaths Act.
