FG urges court to return Kanu to prison

…Counters IPOB boss’ request for variation of bail
condition

The Federal Government has urged a Federal High Court in Abuja
to revoke the bail it granted leader of the pro-Biafra group,
Indigenous People of Biafra (IPOB), Nnamdi Kanu and return him to
prison.

The government argued that Kanu has not only breached the
conditions attached to the bail granted him on April 25 this year
on health ground, he has allegedly conducted himself in manners
that threaten public peace.

It cited Kanu’s alleged threat that elections would not hold in
South East states until the Fed Govt conduct referendum on whether
or not Biafra should secede and instances where the IPOB leader
addressed crowd exceeding 10 and threatened civil disobedience, as
against the court’s directive that he must not be seen in a crowd
of over 10 people.

The government, in a counter-motion, dated August 1, 2017 filed
by Magaji Labaran of the Federal Ministry of Justice, urged the
court to dismiss an application by Kanu, seeking a review of the
bail conditions.

It noted that not only had Kanu met the bail conditions and was
enjoying the bail, it was an affront to the court’s authority for
the IPOB leader to approach the court for the review of the bail
conditions, having allegedly breached the conditions.

“The offence for which he (Kanu) is standing trial is not
ordinarily bailable; the court, not withstanding, granted bail to
the 1st defendant/applicant (Kanu) on health grounds on 25th April
2017.

“Among other conditions for the bail of the 1st defendant is
that he should not be seen in a crowd exceeding 10 people; that he
should not grant any interviews, hold or attend any rallies; that
he should file, in court, medical updates of his health status
every month. The bail conditions were perfected by the
1stdefendant/applicant, which he is currently enjoying.

“Rather than observing all the conditions listed above, the 1st
defendant, in fragrant disobedience to the court order, flouted all
conditions given by the court.

“The 1st defendant equally incited his members to disrupt,
disallow and boycott elections in South East states, starting with
Anambra State gubernatorial election scheduled for November 18 if
the Federal Government failed to hold referendum for the
realisation of the state of Biafra.

“The 1st defendant has already declared the bail conditions
given by the court unconstitutional before approaching this court
with the application for variation. Rather than showing remorse for
his actions, the 1st defendant approached this court with an
application for a review of the same conditions for the bail which
he grossly flouted.

“Considering the above, that the 1st applicant has violated the
conditions on which the terms of his bail were premised, we urged
this court to commit the defendant to prison by invoking the
provision of Section 173(2)(B) of the Administration of Criminal
Justice Act, 2015.

“We categorically state that justice would have been denied the
state by this court, if the state is not protected from the
offences being perpetrated by the 1stdefendant/applicant, who is
currently on bail,” the Fed Govt said.

Kanu and four other suspected IPOB members – Chidiebere
Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie –
are being tried before the Federal High Court, Abuja on offences
relating to conspiracy and treasonable felony.

…Counters IPOB boss’ request for variation of bail
condition

The Federal Government has urged a Federal High Court in Abuja
to revoke the bail it granted leader of the pro-Biafra group,
Indigenous People of Biafra (IPOB), Nnamdi Kanu and return him to
prison.

The government argued that Kanu has not only breached the
conditions attached to the bail granted him on April 25 this year
on health ground, he has allegedly conducted himself in manners
that threaten public peace.

It cited Kanu’s alleged threat that elections would not hold in
South East states until the Fed Govt conduct referendum on whether
or not Biafra should secede and instances where the IPOB leader
addressed crowd exceeding 10 and threatened civil disobedience, as
against the court’s directive that he must not be seen in a crowd
of over 10 people.

The government, in a counter-motion, dated August 1, 2017 filed
by Magaji Labaran of the Federal Ministry of Justice, urged the
court to dismiss an application by Kanu, seeking a review of the
bail conditions.

It noted that not only had Kanu met the bail conditions and was
enjoying the bail, it was an affront to the court’s authority for
the IPOB leader to approach the court for the review of the bail
conditions, having allegedly breached the conditions.

“The offence for which he (Kanu) is standing trial is not
ordinarily bailable; the court, not withstanding, granted bail to
the 1st defendant/applicant (Kanu) on health grounds on 25th April
2017.

“Among other conditions for the bail of the 1st defendant is
that he should not be seen in a crowd exceeding 10 people; that he
should not grant any interviews, hold or attend any rallies; that
he should file, in court, medical updates of his health status
every month. The bail conditions were perfected by the
1stdefendant/applicant, which he is currently enjoying.

“Rather than observing all the conditions listed above, the 1st
defendant, in fragrant disobedience to the court order, flouted all
conditions given by the court.

“The 1st defendant equally incited his members to disrupt,
disallow and boycott elections in South East states, starting with
Anambra State gubernatorial election scheduled for November 18 if
the Federal Government failed to hold referendum for the
realisation of the state of Biafra.

“The 1st defendant has already declared the bail conditions
given by the court unconstitutional before approaching this court
with the application for variation. Rather than showing remorse for
his actions, the 1st defendant approached this court with an
application for a review of the same conditions for the bail which
he grossly flouted.

“Considering the above, that the 1st applicant has violated the
conditions on which the terms of his bail were premised, we urged
this court to commit the defendant to prison by invoking the
provision of Section 173(2)(B) of the Administration of Criminal
Justice Act, 2015.

“We categorically state that justice would have been denied the
state by this court, if the state is not protected from the
offences being perpetrated by the 1stdefendant/applicant, who is
currently on bail,” the Fed Govt said.

Kanu and four other suspected IPOB members – Chidiebere
Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie –
are being tried before the Federal High Court, Abuja on offences
relating to conspiracy and treasonable felony.