Biafra: Nnamdi Kanu Appeals to Restore Bail, Seeks Transfer from DSS Facility

 

Nnamdi Kanu

The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has officially appealed to the Court of Appeal to reinstate the bail initially granted to him by the Abuja Federal High Court. Kanu is also challenging the appellate court's refusal to transfer him from the Department of State Services (DSS) facility to Kuje prison.

Background on Nnamdi Kanu’s Legal Battle

In 2017, the Federal High Court in Abuja granted Nnamdi Kanu bail on charges of treasonable felony filed by the federal government. However, the court later revoked his bail and issued a bench warrant for his arrest after he failed to appear in court as required.

 

Kanu was rearrested in Kenya and extradited to Nigeria in 2021. In April 2022, Justice Binta Nyako of the Federal High Court struck out eight of the 15 charges against him. Subsequently, the Court of Appeal quashed the remaining seven charges on October 13, 2022, ordering Kanu’s release.

 

Despite this, on October 28, 2022, the Appeal Court in Abuja granted a stay of execution on its own verdict following an appeal by the federal government to the Supreme Court.

Supreme Court Ruling and Recent Developments

On December 15, 2023, the Supreme Court reversed the Appeal Court’s verdict, instructing that Kanu resume his trial before the Federal High Court. On May 20, 2024, Justice Nyako denied Kanu’s application to restore his bail, leading to modifications in the conditions of his counsel visitation.

Legal Arguments by Kanu’s Lead Counsel

Kanu’s lead counsel, Aloy Ejimakor, has expressed dissatisfaction with Justice Nyako's ruling, highlighting four main grounds for appeal:

1. Misjudgment on Custody Transfer: The trial court erroneously deemed the DSS facility a proper place of custody.

2. Inadequate Evaluation of Evidence: The court failed to consider evidence that the DSS detention conditions were hostile and violated Kanu’s right to a fair trial.

3. Unsafe Meeting Conditions: The court overlooked the unsafe and unclean conditions of the room where Kanu meets his counsel.

4. Misuse of Judicial Discretion: The court's refusal to grant bail was based on a misinterpretation of the facts, resulting in a miscarriage of justice.

Notice of Appeal Details

Ejimakor’s notice of appeal reads: “TAKE NOTICE that the Appellant, being dissatisfied with the ruling of the Federal High Court, Abuja Division, coram: B.F.M Nyako, J. delivered on the 20th May, 2024, more particularly set out in Paragraph 2, does hereby appeal to the Court of Appeal, Abuja upon the grounds set out in Paragraph 3 below and will at the hearing of the Appeal seek the reliefs set out in Paragraph 4 of this Notice of Appeal.”

Reliefs Sought

Ejimakor is urging the Court of Appeal to:

- Allow the appeal and set aside the trial court’s decision dated May 20, 2024.

- Restore or reinstate Kanu’s bail on the same or new terms.

- Transfer Kanu to an alternative place of custody or house arrest to ensure a fair trial.

- Grant any other appropriate orders.

 

Kanu’s legal team remains committed to securing his release and ensuring that his constitutional rights are upheld.