The Federal High Court in Abuja on Thursday Court has revoked the bail earlier granted to the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu. and directed that his trial on charges of a treasonable felony should proceed in his absence.
The court presided over by Justice Binta Nyako, whose decision was anchored on the provisions of Section 352(4) of the Administrative of Criminal Justice Act, 2015, said Kanu had failed to appear in court since April 25, 2017, without any reason. Binta Nyako further directed that a bench warrant should be issued for Mr. Kanu’s arrest.
Lead prosecuting counsel, Mr. Magaji Labaran, during the Thursday proceedings applied for the court’s orders. Meanwhile, Nnamdi Kanu lawyer, Mr. Ifeanyi Ejiofor, opposed Labaran’s oral application and had asked to be given more time to explain why his client had not been in court by filing all necessary papers. He insisted that the reason for Kanu’s disappearance was as a result of soldiers’ invasion of His home in Afara-Ukwu near Umuahia, Abia State, during military’s ‘Operation Python Dance II’.
Justice Binta Nyako noted that in judgment on a civil suit filed by Nnamdi Kanu, held that there was no nexus between the said military invasion and the IPOB leader’s disappearance and overruled the objection while also insisting that the request for an explanation of the defendant’s absence in court was belated. She also noted that Kanu had violated the conditions and terms of the bail granted him, recalled that after the defendant was granted bail on April 17, 2017, the following proceedings of July 11, 2017, could not hold due to the court’s vacation.
She also recalled that on October 17, 2017, Kanu also failed to appear in court with his lawyer, who claimed that the defendant’s absence from court was caused by the invasion of his home in Abia State by soldiers. The judge also noted that the three persons who had guaranteed his bail had applied to the court to withdraw their suretyship because they could not account for his whereabouts.
She noted that on March 28, 2018, Kanu’s trial was separated from that of his four other co-defendants in order to avoid delays of the other persons’ trial. She added that on November 14, 2018, she ordered that the sureties should temporarily forfeit their N100m bail bonds or produce Kanu in court.
The judge added that since the time Kanu’s trial was separated from that of others, there were four court sessions that held and were adjourned without Kanu attending any.
“Proceedings must end one way or the other,” Justice Nyako said.
She added, “I have given the counsel for the defendant more than enough time to produce him in court. Therefore, by virtue of Section 252(4) of the Administration of Criminal Justice Act, 2015, the only option open to do is to order that the trial will continue in his absence.
“Also, in the absence of any reasonable explanation for his absence, I hereby revoke his bail and order that a bench warrant is issued for his arrest.”
She fixed June 18 for trial to commence with or without Kanu’s presence in court.
Since last year, Kanu has been seen making appearances online; and was, at a time, said to be on a religious pilgrimage to Israel.
Ejiofor has vowed to appeal the court’s ruling for his client’s arrest and trial in absentia.