FROM: GODWIN TSA, ABUJA
ATTEMPTS by the detained leader of the Indigenous People of Biafra [IPOB] and founder of Radio Biafra, Nnamdi Kanu to regain freedom failed Friday as Justice John Tsoho of the Federal High Court sitting in Abuja has refused his bail application.
Two other suspects; Benjamin Madubugwu and David Nwawuisi who are standing trial with Kanu suffered similar fate.
Arguing for Kanu’s release, Nnoruka Udechukwu (SAN), urged the court to release him, stating that the offence he was alleged to have committed was a bailable one.
Udechukwu argued that the Criminal Justice Act, 2015, stipulates bail for anyone not accused of a capital offence. He said that the offence Kanu was accused of was a ‘civil rights’ issue, adding that the right to agitate is guaranteed in a democracy.
“The right to agitate is inherent in a democracy. People must not be denied their rights to protest by way of being kept in custody. If national security was a ground to throw people into detention the Criminal Justice Act would have said so”, he said.
However, in objecting the bail applications, the Director of Public Prosecution [DPP] Mohammed Diri, said he was “seriously opposed to this application.” He argued that the application did not fulfill certain conditions spelt out in section 162 of the Criminal Justice Act, 2015.
Diri said that Kanu might jump bail if released because according to his statement to the Department of State Services (DSS) he is a British citizen. “He sneaked into this country. He didn’t enter the country the proper way. He may sneak out,” he said, adding “I urge this court to reject this application and order accelerated hearing.”
Justice Tsoho who ordered their remand in Kuje prison held that the charge against the defendants “is a grave one that will attract severe punishment upon conviction”.
It was the position of Justice Tsoho that the charge brought against the defendants, which borders on treasonable felony, attracts life jail.
Meanwhile, Friday’s proceedings witnessed another mild drama over counsel representation for the pro-Biafra advocates.