Pro- Biafra protesters besiege court as Justice Nyako denies Kanu, others bail

The Federal High Court, Abuja, was on Thursday surrounded by scores of pro-Biafra protesters, who chanted war songs while awaiting the outcome of the court ruling on the detained leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu and others.

However armed security operatives, ensured that the protesters were not allowed entrance into the court room where the accused persons being tried by the Federal Government.

The accused persons, Kanu, Mr. Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, were denied bail by the presiding judge, Justice Binta Nyako, pending the determination of the 11-count criminal charge the Federal Government preferred against them.

The charges levelled against them border on treasonable felony and their alleged involvement in acts of terrorism.

In their separate bail applications predicated on sections 158, 162 of the Administration of Criminal Justice Act, as well as section 35 and 36 of the 1999 constitution, as amended, the defendants argued that charges against them were not only bail-able offences, but also not felony punishable with death.

Contending that the assumption of innocence under the Nigerian constitution was in their favour, the accused prayed that their release from detention would help them to appropriately defend the charge against them.

They also maintained that their right to self-determination was guaranteed both by the Nigeria constitution and Article 20 of the Africa Charter on Peoples and Human Right.

According to them, IPOB has been registered in over 30 countries and has not been proscribed or declared as a dangerous organisation under any law. They promised to produce reasonable sureties before the court.

On its part, counsel to the Federal Government, Mr. Shuaibu Labaran opposed their release on bail, arguing that the defendants would constitute “a threat to national security”, once freed from prison custody.

Labaran, who also applied to the court for protection of witnesses billed to testify against the defendants, drew attention of the court to the fact that the 1st defendant, Kanu, has dual citizenship.

He told the court that Kanu has both Nigerian and British passports and would escape out of the country should he be released on bail. He therefore asked the court to allow the defendants attend their trial from Kuje prison, stressing that Onwudiwe was a major threat, and the only one facing a particular count of “preparatory to commit an act of terrorism”.

In her ruling, Justice Nyako, held that the charges against the defendants “are very serious in nature”, and hence not ordinarily bail-able.

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She said, “Irrespective of what the charge is, the court has to exercise its discretion one way or the other,” adding that some of the charges against the defendants could attract life imprisonment if proved by Federal Government.

“The offences are serious in nature and carries very severe punishment if proven. I hereby therefore refuse bail of the applicants. But in the alternative, I hereby order accelerated trial of this matter to almost commence immediately, but not later than two months”, Nyako ruled.

As soon as the judgement was delivered, the Federal Government applied for all the witnesses to be allowed to testify behind screen and also demanded that the court should not allow the identities of the witnesses to be revealed in any record of the proceeding.

However, defendants rejected the application, contending that granting such request would amount to a gross violation of their rights to fair hearing.

Kanu’s counsel, Mr. Ifeanyi Ejiofor contended “We vehemently oppose secret trial of the defendants. They were accused in the open, we also request that they be tried in the open. The defendants need to see those testifying against them eye-ball-to-eye-ball. We are ready for this trial.”

Likewise, Mr. Maxwell Okpara, one of the defence lawyers, told the court that most of the proposed witnesses were foreigners he said the government imported from neighbouring countries.

He said, “My lord, we have uncovered their plan to bring Ghanaians and people from Cameroon to appear in this court to testify against the defendants.

“We as Nigerians will resist that plot. It cannot work. That is why they are insisting that they should testify behind screen. That plot has failed, it will not work.”

Justice Nyako fixed December 13 to rule on the FG’s application after listening to all the parties.
By Ebere Ndukwu …

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