In its fresh application, the Federal Government asked the court to revoke the bail granted Mr. Nnamdi Kanu and order his immediate arrest by the police who is being prosecuted along with others on treasonable felony charges.
The prosecution made this request in an application it filed before the court , which was also served on Kanu on Friday.
Saturday PUNCH had exclusively reported on July 22, 2017, that there were plans by the Federal Government to ask the court to revoke the bail granted Kanu on April 25, 2017.
Kanu, had earlier in his application filed on July 1, 2017, urged the court to vary the conditions of the bail granted him by the court on April 25, 2017.
But the Federal Government hinged its fresh motion seeking the revocation of Kanu’s bail on the grounds that the IPOB leader had flouted the terms and conditions of the bail.
The Federal Government’s counter-affidavit filed in support of the motion and deposed to by a litigation clerk in the Office of the Director of Public Prosecutions pieced together Kanu’s alleged acts of serial violation of the bail conditions imposed by the court.
The prosecution said instead of using the opportunity of his bail to attend to his health needs, Kanu went ahead to inaugurate a security outfit known as Biafra Security Service.
The prosecution said this constituted a threat to national security.
It recalled that in violation of the bail conditions, Kanu, held a rally at his residence in his hometown, Afara-UkwuIbeku in Umuahia, Abia State on May 26 and 27, 2017, with the said rally attracting a crowd exceeding 10 persons in violation of the bail conditions.
The prosecution said it attached video clips of the said events to the counter-affidavit as exhibits.
The counter-affidavit read in part, “That the 1st defendant/applicant (Kanu) 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 offences for which he is standing trial are not ordinarily bailable;
“That the court, notwithstanding, granted bail to the 1st defendant/respondent on health grounds on April 2017;
“That among other conditions for the bail of the 1st defendant are as follows:
“That he should not be seen in a crowd exceeding 10 people; that he should not grant any press interviews, hold or attend any rallies; And that he should file in court medical updates of his health status every month;
“That the bail condition was perfected by the defendant/applicant which he is currently enjoying;
“That rather than observing all the conditions, the 1st defendant/respondent in flagrant disobedience to the court order flouted all conditions given by the court;
“That the defendant 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 downloaded and is attached to this affidavit and marked NK1;
“That the 1st defendant equally incited his members to disrupt, disallow and boycott elections in the South-East states, starting with the Anambra State gubernatorial election scheduled for November 18, 2017, if the Federal Government failed to hold a referendum for the realisation of the state of Biafra;
“That the bail granted the defendant/applicant was to enable him to 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 needs, he has in furtherance of the offence charged, inaugurated a security outfit known as (the) Biafra Security Service;
“That his action is a serious threat to (the) 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.”
The Federal Government, therefore, sought the rearrest and commitment of Kanu to “custody pending trial”.
Kanu had argued in his earlier application that the bail conditions were excessive while maintaining that by virtue of Section 36(5) of the 1999 Constitution, he was presumed innocent.
The charges against the defendants included conspiracy and treasonable felony by allegedly conspiring among themselves to broadcast on Radio Biafra agitation for the secession of Republic of Biafra from Nigeria.
They were also accused of improper importation of goods and illegal possession of firearms.
Among the charges was also the publication of defamatory matter by allegedly referring to the then President-elect, Maj-Gen. Muhammadu Buhari (retd.), and now President of the Federal Republic of Nigeria, as “a paedophile, a terrorist, an idiot, and an embodiment of evil” in a broadcast on Radio Biafra on April 28, 2015.
The trial has been adjourned until October 17.