Nnamdi Kanu is set to know his legal fate regarding his fresh bail request and plea for removal from Department of State Services, DSS, custody to house arrest on May 20.
The leader of the Indigenous People of Biafra, IPOB made these requests on Wednesday.
After hearing arguments from Kanu’s legal team, led by Alloy Ejimakor, and the Federal Government’s team, represented by Chief Adegboyega Awomolo, Justice Binta Nyako of the Federal High Court in Abuja set the date.
Kanu, who has been in detention since 2021 in a motion argued by Ejimakor requested the court to restore the bail granted to him in 2017 by the same Judge.
He told the court that contrary to the claim of the Federal Government, he did not jump bail or breach any of the conditions of the bail but had to escape out of the country when the military allegedly invaded his house.
The detained IPOB leader also said that he would have been killed if he had not escaped the way he did and accused the Federal Government of misleading the court to get the bail revoked in his absence.
He also asked the court to set aside the arrest warrant issued against him by the court while he was out of the country.
In a separate motion, also argued by his legal team, Kanu demanded his removal from the custody of the DSS to a house arrest or in the alternative, to remand him in prison.
Besides, he asked that his lawyers be allowed unhindered access to him to enable him to prepare for his defense in the terrorism charges against him, adding that, until those conditions are met by the Federal Government in line with Section 36 of the 1999 constitution, he would not submit himself for trial.
However, the Federal Government’s legal team, led by Awomolo vehemently opposed granting of all the requests made by Kanu.
Among others, the senior lawyer said that, in a criminal matter, no defendant has the right to dictate to the court how his prosecution would be conducted. Awomolo told the court that Kanu was once admitted to bail but breached the bail by escaping out of the country under false claims.
The Senior lawyer argued that the fresh request for bail by Kanu is a gross abuse of the court process, having been rejected earlier by the same court, adding that the only option available to the defendant is to go to the court of Appeal to challenge the rejection since the High Court cannot overrule itself.
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On the request for removal from DSS custody, Awomolo said that the only safe and secure environment for Kanu remains the DSS custody in the interest of the safety of his life. He urged the court to dismiss the allegation of hindered access to lawyers by Kanu, adding that, in his application and the supporting affidavit, he, Kanu failed to name any DSS operative hindering lawyers from accessing him or eavesdropping during conversation with lawyers.
After the proceedings, a House of Representatives member, Hon Ikenga Ugochinyere praised the legal team of Kanu for standing to get a fair trial for their client adding that, under the present circumstances, there would be no opportunity for Kanu to get a better deal when his hands and legs are tied in the custody of the DSS.
He appealed to President Bola Tinubu to end the trial logjam by ensuring out-of-court settlement for general peace to reign in the country.
