John Tsoho, justice of the federal high court, Abuja, on Friday, denied Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) and director of Radio Biafra, bail.
The judge ruled that Kanu was a threat to national security, and as a result would not be granted bail.
He held that if released Kanu might commit the same offence again, and that there was a probability that he might jump bail because he possessed dual citizenship.
He therefore ruled that Kanu be remanded in prison custody, and ordered an accelerated hearing of the case.
Tsoho had fixed Friday for ruling on Kanu’s bail application which was argued on Monday.
Arguing for Kanu’s release, Nnoruka Udechukwu, senior advocate of Nigeria (SAN), urged the court to release him, stating that the offence he was alleged to have committed was a bailable one.
Udechukwu argued that the Criminal Justice Act, 2015, stipulated bail for anyone not accused of a capital offence.
He said that the offence of which Kanu was accused was a “civil rights” issue, adding that the right to agitate is guaranteed in a democracy.
“The right to agitate is inherent in a democracy. People must not be denied of their rights to protest by way of being kept in custody,” he said.
“If national security was a ground to throw people into detention the Criminal Justice Act would have said so.”
Making his own submission, Mohammed Diri, counsel to the federal government, said he was “seriously opposed to this application.”
He argued that the application did not fulfil certain conditions spelt out in section 162 of the Criminal Justice Act, 2015.
Diri said that Kanu might jump bail if released because according to his statement to the Department of State Services (DSS) he is a British citizen.
“He sneaked into this country. He didn’t enter the country the proper way. He may sneak out,” he said.
“I urge this court to refuse this application and order for accelerated hearing.”
Kanu alongside Benjamin Madubugwu and David Nwawuisi is facing a six-count charge of treasonable felony.
Credit: The Cable