Justice James Tsoho of a Federal High Court in Abuja has fixed Friday, January 29, for ruling on a bail application filed by leader of the Indigenous People of Biafra and founder of Radio Biafra, Nnamdi Kanu, and two others with respect to the charges of treason preferred against him by the Federal Government.
M U Udechukwu, SAN, who took the lead argument for Kanu’s bail, urged the court to release him, stating that the alleged offence is a bailable one.
Udechukwu argued that the Criminal Justice Act, 2015, stipulated bail for anyone not accused of a capital offence.
He said that the offence Kanu was accused of committing, is a civil 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 of 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.”
Making his own submission, Mohammed Diri, counsel to the federal government, said he was “seriously opposed to this application,” arguing that the application did not fulfil certain conditions spelt out in section 162 of the Criminal Justice Act, 2015.
Diri said that Kanu could 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. I urge this court to refuse this application and order for accelerated hearing.”
Last Wednesday, Justice Tsoho had ordered that Kanu be remanded in Kuje prison pending the determination of his application for bail.
He gave the order after listening to Diri, and Chuks Muoma (SAN), counsel to Kanu. Muoma had argued that the accused person be remanded in prison custody away from the cell of the DSS.
He said that his client had been kept incommunicado in the custody of the DSS for three months and therefore asked the court to send the accused person to prison so that his family could have access to him.
Diri, however, prayed the court to keep Kanu in the custody of the DSS for security reasons.
After listening to the submissions of the counsel, the judge ruled that the defendant be kept in the custody of the Nigeria Prison Service, Kuje.
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