The leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu has approached the Appeal Court asking it to set aside the revocation of his bail by the Abuja Federal High Court.
He also asked the appeal court to restore the terms and conditions attached to his revoked bail by the court presided by Justice Binta Nyako.
In a Notice of Appeal filed by his lead Counsel, Aloy Ejimakor, the IPOB leader urged the appellate court to restore him to a place or custody where he would enjoy a fair trial.
Parts of the Notice of Appeal reads: “My noble Lords, in view of the totality of the arguments adduced herein by the Appellant, we respectfully urge Your Lordships to resolve this appeal in favour of the Appellant (Kanu) and grant the RELIEFS sought as follows:
“An Order allowing this Appeal and setting aside the decision of the trial court made on the 20th day of May, 2024.
“An Order restoring/reinstating the bail of the Appellant on same terms as earlier granted; or an Order restoring/reinstating the Appellant’s bail on any new terms and conditions.
“AND IN THE ALTERNATIVE: An Order remanding the Appellant to an alternative place of custody or home detention/house arrest that can accord the Appellant the atmosphere to have a fair trial.
“Any Order the Honourable Court of Appeal deems fit to make in the circumstances of this Appeal.”
Ejimakor informed the Appeal Court that the Notice of Appeal was lodged against the ruling of Justice Nyako delivered on the 20th day of May, 2024 refusing to restore Kanu’s bail erroneously revoked on the misrepresentations of the Nigerian government that he jumped bail.
He said: “The learned trial Judge refused to restore the bail or even order home detention in spite of the affidavit evidence and the pertinent finding of the Supreme Court before the Court.
“The Notice of Appeal bears 4 grounds from which the issues herein have been distilled. 2.0. SUMMARY OF FACTS:2.1. On or about 14th October 2015, the Appellant was arrested and charged, with three other suspects, for the offences relating to managing an unlawful society and other offences which were later dropped/struck out and amended to offenses relating to conspiracy, treasonable felony, false declaration of imported goods and defamation of the President.
“Upon arraignment, the Appellant was granted bail on the 25th day of April, 2017 by the trial court on grounds of ill health. See Paragraph 2.03 of the Respondent’s Brief of Argument before the Supreme Court in SC/CR/1361/2022 at page 7 of the Additional Record of Appeal. 2.2.
“The Appellant while on bail and in compliance with the terms of bail was in Afiaraukwu Ibeku, his hometown in Abia State when the Respondent devised a means of unlawfully assassinating the Appellant through a lethal military operation code named “Operation Python Dance” levied by the armed forces of the Respondent in the said Appellant’s hometown. 2.3. By providence, the Appellant escaped assassination though casualties were recorded in the operation.
