Nnamdi Kanu, detained leader of the proscribed Indigenous People of Biafra (IPOB), has asked a federal high court in Abuja, to restore his bail that was revoked in 2017.
In a motion on notice marked FHC/ABJ/CR/383/2015 and filed on March 28, the IPOB leader asked the court to set aside his bail revocation.
The motion was filed by Aloy Ejimakor, Kanu’s lead counsel.
BACKGROUND
In 2017, the court granted Kanu bail on the treasonable felony charges filed against him by the federal government.
But the court revoked Kanu’s bail and issued a bench warrant for his arrest after he failed to present himself as required.
The IPOB leader was rearrested in Kenya in 2021 after being on the run for some years.
‘CLAIM OF JUMPING BAIL WAS FALSE’
In the motion, Kanu’s lawyer said his client was falsely accused of jumping bail.
Ejimakor said Kanu fled Nigeria when security operatives allegedly invaded his home in Abia state in an attempt to kill him.
“An order of this Honourable Court setting aside the order revoking the defendant’s bail made on the false representation that the defendant had jumped his bail,” the motion reads.
“An order setting aside the bench warrant issued against the defendant/applicant on the basis of the misrepresentation that the defendant had jumped bail and absconded. from his trial.
“An order setting aside the order of forfeiture of the bail bond of the Defendant sureties, made on the misrepresentation that the Defendant had jumped bail and absconded from his trial.
“An order restoring the defendant/applicant’s bail on the same terms upon which the same was granted by this Honourable Court on April 25, 2017.
“And for such order or further orders as this Honourable Court may deem fit to make in the circumstances of this application.
“Take further notice that the grounds upon which the application is predicated are as follows: On April 25, 2017, the applicant was admitted to bail by this Honourable Court.
“The applicant was enjoying his bail when he came under attack by agents of the complainant at his home in Isiama Afaraukwu Ibeku, Umuahia North LGA, Abia State, whereupon the applicant fled from Nigeria in what was purely an act of self-preservation.
“The bail of the applicant was revoked by this Honourable Court, and a bench warrant was issued against him upon the application of the complainant made to this Honorable Court that the applicant had jumped bail.
“The applicant was, pursuant to said bench warrant, subsequently kidnapped in Kenya by agents of the complainant and was brought to Nigeria by way of extraordinary rendition.
“The jurisdiction of this Honourable Court to try the defendant as well as issues pertaining to his bail and extraordinary rendition were challenged up to the Supreme Court in SC/CR/1361/2022: BETWEEN FEDERAL REPUBLIC OF NIGERIA V. NNAMDI KANU, where their Lordships determined that the applicant’s bail ought not to have been revoked in the first place, being that it was the invasion of the applicant’s home that caused him to flee in order to secure his life and physical well-being.
“The order setting aside the applicant’s bail, the warrant of arrest, and the forfeiture of his bail bond ought to be reversed by virtue of the decision/finding of the Supreme Court.
“The bail of the applicant ought to be restored in the interest of justice.”
Prince Emmanuel, Kanu’s brother, submitted an affidavit in support of the motion to restore the IPOB’s leader’s bail.
