In news reports, Justice Binta Nyako of a Federal High Court in Abuja, yesterday, refused to order the release of the detained leader of the Indigenous People of Biafra, (IPOB), Nnamdi Kanu, from the custody of DSS. Kanu, who has been in DSS’ custody since 2021, when he was rearrested and brought to continue his trial, argued that he could not prepare adequately for his trial while being held by the Secret Service.
In an application argued last month, the defendant asked the court to restore his bail which was revoked in 2019 or ordered that he be kept under house arrest. Delivering the ruling in the application on Monday, Justice Nyako declined the request and expressed confidence that the DSS’ custody is the proper place for the defendant.
The judge, refused to set aside its earlier orders revoking his bail in 2019, adding that the Supreme Court’s Judgment was silent on Kanu’s bail in the lead judgment delivered by Justice Emmanuel Agim. However, the judge ordered the DSS to provide the applicant with a clean room where he can meet with his lawyers, who must not be more than five at a time.
The court threatened to take any further application regarding the issues that were resolved as an abuse of the court process because she has repeatedly decided on them. Nevertheless, there was a mild drama when Kanu, rising from the dock objected to his continued trial before the court.
The furious IPOB leader informed Justice Nyako that his continued trial was illegal and unconstitutional as it violated international treaties Nigeria freely entered. He claimed Section 2 of the Terrorism Prevention Act, forbade his trial in any court in Nigeria, adding that those who were trying him were themselves “terrorists”.
He faulted his trial on a portion of Justice Nyako’s previous ruling from a document at his disposal that said until the court investigated the circumstances that led to his fleeing from Nigeria, it was wrong to refuse to grant him bail, adding: “My lord, you have not investigated.”