In a significant development, the legal team of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), is set to move for his release on bail on February 26. This is pending the determination of his trial at the Federal High Court in Abuja, barring any last-minute changes in plans.
Kanu has been detained by the Department of State Services (DSS) since June 2021, following orders from the Nigerian Government. His detention came after he was subjected to extraordinary rendition from Kenya back to Nigeria.
Upon his return, the Appeal Court discharged and acquitted Kanu of all charges related to terrorism. However, in December 2023, the Supreme Court overturned this ruling and returned the case to the Abuja Federal High Court for the continuation of the trial.
The Federal High Court in Abuja has scheduled February 26 for the resumption of Kanu's terrorism trial. However, Prime 9ja Online has learned that IPOB's legal team is basing Kanu's bail application on several factors. These include his lack of privacy during visitations with his lawyers, which they argue adversely impacts his constitutional right to counsel and the adequacy of facilities for the preparation of his defence.
The legal team will also argue that Kanu has already spent a cumulative period of 50 months, or over four years, in "pretrial detention". Furthermore, they will base the bail application on Kanu's "life-threatening medical conditions", namely heart ailment, hypertension, and potassium deficiency.
In a court document with suit no: FHC/ABJ/CR/383/2015, IPOB's legal team stated, “On the basis of the foregoing, we respectfully urge Your Lordship to admit him to bail on liberal and non-excessive terms.”
In the Motion on Notice brought in pursuant to sections 6(6), 35 and 36(5), and sections 158, 161 and 162 of the Administration of Criminal Justice Act, the legal team will pray the court for “an order of this Honourable Court admitting the Applicant/Defendant to bail pending the determination of his trial."
Kanu's brother, Prince Emmanuel, has deposed an affidavit in support of the motion for the IPOB leader's bail. In parts of the affidavit, he stated, “I, Prince Emmanuel Kanu, male, adult, a Christian and a Nigerian citizen, resident at Eze I. O Kanu Drive, Isiama Afaraukwu Ibeku, Umuahia North LGA, Abia State do hereby make this Oath and state as follows..."
He further detailed the sequence of events leading up to Kanu's arrest, his release on bail in April 2017, and the subsequent military assault on his ancestral home in September 2017, which led to Kanu's escape and eventual return to Nigeria.