• Court bars IPOB leader from public rally, press interview
• Fayose, Chidoka, Fani-Kayode in court
• Bayelsa court frees 44 IPOB members
Detained
leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, yesterday got
some reprieve, as a Federal High Court in Abuja granted him bail on health
grounds.
Kanu and three
other pro-Biafra agitators, Chidiebere Onwudiwe, Benjamin Madubugwu and David
Nwawuisi, are standing trial on charges bordering on treasonable felony.
This is coming
at a time 44 members of the IPOB were yesterday set free by Yenagoa Magistrate’s
Court in Bayelsa.
Justice Binta
Nyako, who released Kanu, said he must produce three sureties, including a
“highly respected and recognised Jewish leader.”
Besides the
production of a Jewish leader, the court also asked Kanu to produce a “highly
placed person of Igbo extraction, such as a senator” as well as “a highly
respected person, who is resident and owns landed property in Abuja” as
sureties.
Justice Nyako
ruled that each of the sureties should deposit N100million each.
In addition to
the above bail conditions, Kanu was barred from attending any assembly with
more than 10 people or granting any form of interview.
The judge
ruled: “I must stress it here that the defendant must not attend any rally. He
must not be in a crowd exceeding 10 persons.”
The court
equally held that Kanu, who has been in detention since October 14, 2015, when
he was arrested by security operatives upon his arrival to Nigeria from the
United Kingdom, must sign an undertaking to make himself available for trial at
all times.
Kanu was
further ordered to surrender his Nigerian and British international passports,
even as the court compelled the Federal Government to return to him, his
wedding ring and reading glasses.
According to
the judge, “Count one of the charge, upon which the defendants are standing
trial, is a treasonable felony, a more serious charge, adding: “However, as it
relates to the 1st defendant (that is Nnamdi Kanu), the applicant has deposed
extensively on his health and appeals to the court on health grounds to allow
him bail on any condition.”
The court
further held: “Overtime that the defendants have appeared in court, the 1st
defendant maybe having some health issues as he (Kanu) always sits down and
sweats profusely.
“I am of the
opinion that the 1st defendant needs a better health attention that the prisons
service is unable to provide. I hereby use my discretion and grant the 1st
defendant bail on the following conditions: three sureties in the sum of N100
million each. One of the sureties must be a highly-placed person of Igbo
extraction, such as a senator.
“The second
surety shall be a person highly respected and recognised Jewish religious
leader in Nigeria. The third surety must be resident in Abuja, highly respected
with landed property and the Certificate of Occupancy verifiable.”
She also
requested for a monthly medical report on Kanu’s health status that must be
filed before the court, adding that the 1st defendant shall not grant press
interviews nor attend public rallies.
In a related
development, the court struck out an application that sought to prevent the
Federal Government from shielding the identities of prosecution witnesses in
the suit.
Specifically,
the defendants had argued that since the court had struck out some of the
charges that bordered on terrorism, they were at liberty to ask for a variation
of the court’s earlier order, which granted the prosecution leeway to shield
the identities of its witnesses.
However, the
court held that count one of the charge, which borders on treasonable felony,
allows the identities of the witnesses to be protected.
The judge
said: “The fact still remains that the 1st count of the charge against the
defendants is still based on treasonable felony. It is a serious offence, which
allows the witnesses to be screened. The security operatives who will testify
still need their identities protected.
“Witnesses
that are security operatives will still give their evidence protected from the
public. So, this motion fails and it’s is hereby struck out.”
It was a
different fate for the three other pro Biafra agitators, Chidiebere Onwudiwe,
Benjamin Madubugwu and David Nwawuisi, as they were denied bail by the court,
which has fixed July 11 and 12 to commence their trial.
Meanwhile,
Governor Ayodele Fayose of Ekiti State who was in the Abuja court as early as
9: 00am hugged and had a brief chat with Kanu before the court started sitting.
Fayose, who
wore an Igbo chieftaincy red cap, was temporarily denied entry into the
courtroom by security operatives, which sparked a mild drama. It took the
intervention of lawyers to persuade the security men to let him into the
courtroom.
Former
Minister of Aviation, Chief Femi Fani-Kayode, who is equally facing criminal
charges instituted by the Economic and Financial Crimes Commission (EFCC), upon
his arrival at the court to face his trial, sought to gain entry into the
sister court handing Kanu’s case, but was blocked by operatives of the
Department of State Service (DSS).
Also, the
immediate past Aviation Minister, Chief Osita Chidoka, was among dignitaries
that attended the court proceedings yesterday.
Fayose, who
said he was in court, in solidarity with the Biafra leader added that he salute
Kanu’s spirit adding that the IPOB leader will one day walk as a free man in
the country.
He said even
though he was not from the Igbo extraction, he decided to come to court to show
solidarity as somebody who believe in justice, as, according to him, the
country belongs to all Nigerians.
It was,
however, a different fate for the three other pro-Biafra agitators, Chidiebere
Onwudiwe, Benjamin Madubugwu and David Nwawuisi, standing trial with Kanu, as
they were denied bail by the court, which has fixed July 11 and 12 to commence
their trial.
It was a tense
atmosphere within the court complex, which was heavily guarded by security men,
with many pro-Biafra supporters brandishing different Biafra insignia and
flags, chanting at a distance, as they were also barred from the perimeters of
the court premises
Journalists
equally faced tough hurdle to gain entry into the courtroom, with a few that
managed to squeeze in ordered to surrender their handsets.
In a related
development, 44 IPOB members were yesterday set free by Yenagoa Magistrate’s
Court.
The detained
members of the IPOB were arrested in October 2016 by men of the Joint Military
Task Force code named ‘Operation Delta Safe’ during a meeting at a lounge along
Okaka area of the state capital and handed to the police authorities for
prosecution. The accused were charged to court by the police on three-count
charges bordering on conspiracy, breach of public peace and unlawful gathering.
According to
the court, the case against the detained 44 IPOB members had a no case
submission and subsequently discharge and acquitted the accused.
According to sun news report , delivering ruling yesterday on the case,
before striking out case, the Presiding Magistrate, Magistrate Penawei Mukoro,
declared that the prosecution was unable to establish a prima-facie case
against them.
Barr. Kingsley
Nwosu, the counsel to the arrested IPOB members, had argued before the court on
a no case submission, describing the arrest and trial of the IPOB members as a
deliberate attempt to intimidate and violate the fundamental rights of people
to freedom of gathering.
Nwosu said the
prosecution, the Nigerian Police, failed to produce a credible witness to
substantiate the three-count charges against the IPOB members.
“It is a case where there is serious
intimidation. And the prosecution could not produce credible witness.”
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