Justice John Tsoho of the Federal High Court, Abuja, will on Friday rule on the bail application brought by leader of the Indigenous People of Biafra (IPOB) and Director of Radio Biafra, Nnamdi Kalu.
A Senior Advocate of Nigeria (SAN), Mr. M. U. Udechukwu, who took the lead argument for the bail yesterday, urged the court to release him, stating that Kalu’s alleged offence is bailable. Udechukwu said the Criminal Justice Act, 2015 stipulates bail for anyone not accused of a capital offence.
He said the offence Kanu was accused of committing, is a civil 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. If national security was a ground to throw people into detention, the Criminal Justice Act would have said so,” he said.
Counsel to the Federal Government, Mr. Mohammed Diri, said he was “seriously opposed to this application,” arguing that the request did not fulfil certain conditions spelt out in Section 162 of the Criminal Justice Act, 2015. Diri said Kanu could 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. I urge this court to refuse this application and order for accelerated hearing,” he argued.
Kanu was taken away by prison officers after the court adjourned to Friday.