By Ikechukwu Nnochiri
ABUJA – The Federal Government, on Friday, filed fresh application before the Federal High Court in Abuja, seeking immediate revocation of the bail granted to leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
FG, predicated the application on section 169 and 173(2) of the Administration of Criminal Justice Act, 2015.
Describing Kanu as a threat to national security, FG insisted that he has mortgaged his personal liberty, haven engaged in several acts it said were capable of sparking civil unrest and anarchy in the country.
Aside asking the court to void the bail it gave the IPOB leader on April 25, FG, further applied for an order “directing the arrest and committing of the 1st defendant to custody pending trial”.
Kanu is facing treasonable felony charge alongside four other pro-Biafra agitators-Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie.
The defendants are expected to enter fresh plea to the amended charge marked FHC/ABJ/CR/383/2015, before trial Justice Binta Nyako, on October 17.
Whereas the original charge had only four defendants, with Kanu as the 1st accused person, FG, through the Department of Public Prosecutions, Federal Ministry of Justice, amended the case to include Chimezie who was alleged to have between the months of March and April, 2015, imported into Nigeria, a Radio transmitter known as TRAM 50L.
FG alleged that the transmitter was concealed in a container that was declared as used household items, contrary to section 47(2) (a) of the Criminal Code Act, Cap C45, Laws of the Federation of Nigeria, 2004.
Meantime, FG, in the application it filed on Friday, a copy of which was made available to Vanguard by the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, adduced reasons why Kanu should be arrested before his next trial date.
According to FG, “The 1st Defendant is standing trial for alleged offences of conspiracy to commit acts of treasonable felony, treasonable felony and other related offences before this Honourable Court.
“That the offence for which he is standing trial is not ordinarily bailable.
“That due to the magnanimity of this Honourable court and its quest for justice and fairness he was granted bail on health grounds on 25th April, 2017.
That among other conditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people.
“And that he should not grant any interviews, hold or attend any rallies.
“And that he should file in court medical updates of his health status every month.
“That rather than observing all of the conditions listed above, the 1st defendant in flagrant disobedience to the court order flouted all conditions of the bail.
“The first defendant has in furtherance to the offence he was charged, inaugurated Biafra Security Service.
“That such an act is a grave threat to national security and unity of the country.
“That the grounds mentioned above constitute special circumstances hence this application.
“That this court has the power to grant this application”, it added.
More so, in a 12 paragraphed affidavit that was deposed to by one Loveme Odubo, a litigation clerk in the Office of the DPP, FG maintained that Kanu had “in flagrant disobedience to the court order flouted all conditions given by the court”.
It told the court that Kanu held a rally at his residence in his hometown Afara-UkwuIbeku in Umuahia, Abia State.
“That the said rally with a crowd exceeding 10 persons was captured in a video published on the 1st June 2017 and circulated throughout the length and breadth of Nigeria and beyond through the internet platform of YouTube;
“That the YouTube video was download and is attached to this affidavit and marked NK1. That a certificate; Identifying the CD ROM containing the video and describing the manner in which it was produced; Giving such particular of any device involved in the production of that CD ROM as may be appropriate for the purpose of showing that the CD ROM was produced by a computer;
“It was signed by a person occupying a responsible position in relation to the operation of the relevant device.
“That the said rally was not held in a synagogue but at the residence of the 1st defendant on Friday evening May 26th, 2017 and ended on Saturday May 27th, 2017;
“That the rally was tagged “the holy day of Shabbat” to pray for the restoration of “Biafra state”;
“That the 1st defendant equally incited his members to disrupt, disallow and boycott elections in south East Sates, starting with Anambra State Gubernatorial Election schedule for November 18, 2017, if the Federal Government failed to hold referendum for the realisation of the state of Biafra;
“That the 1st defendant’s address published by vanguard online news, dated June 23, 2017is also attached to this affidavit and marked exhibit NK2;
“That the bail granted the defendant/applicant was to enable him go and take care of his health and not for any other purpose;
“That instead of the 1st Defendant to use the opportunity to attend to his health need, he has in furtherance of the offence charged, inaugurated a security outfit known as Biafra Security Service(BSS);
“That his action is a serious threat to security of this country as well as a threat to national unity.
“That from the deposition in the affidavit in support of this application, it is clear that the essence of the bail granted the 1st defendant/applicant is defeated.
“That it will serve the best interest of justice to grant this application as the 1st Defendant/Respondent will not be prejudiced”.
FG’s application came barely 24 hours after a coalition of Arewa Youths called for Kanu’s arrest, after they withdrew the controversial notice for Igbo to quit the northern region before October 1.