Justice Binta Nyako of the Federal High Court in Abuja, the Federal Capital Territory (FCT), has scheduled ruling for December 1 in the bail applications by leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, and three others:
Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi.
They were re-arraigned on November 8 before Justice Nyako on an 11-count amended charge.
Justice Nyako is the third judge before who they were arraigned, the other two having withdrawn, following allegations by Kanu that they were bias.
The Biafra agitators were charged with treasonable felony, managing an unlawful society, publishing defamatory matter, illegal possession of firearms and improper importation of goods.
Onwudiwe is charged alone, in one of the counts, with terrorism.
The alleged offences of the accused are about their alleged broadcasts on Radio Biafra and agitation for the creation of Biafra Republic from the Southeast and Southsouth as well as other communities in Kogi and Benue states.
Defence lawyers, including Ifeanyi Ejiofor (for Kanu), I. Adoga (for Onwudiwe), E. I. Efeme (for Madubugwu) and Maxwell Okpara (for Nwaiwusi) argued their separate bail applications.
They urged the court to dismiss the counter-affidavit filed in opposition to their clients’ applications.
The defence lawyers argued that the prosecution’s claim, to the effect that the defendants would constitute a threat to national security if released on bail pending trial, was unsustainable.
Efeme said: “The prosecution has the duties to give the particulars of how the defendants would constitute national security. These documents (provided by the prosecution) do not show such.
“It is the duty of the prosecution to show how the third defendant and the others should not enjoy bail; we are saying they have not.”
Adoge averred that Onwudiwe had not been transferred to prison from the custody of the Department of State Services (DSS), despite the court’s order to that effect.
The lawyer said the charge against his client was a mere “smokescreen”.
He added: “The Supreme Court has said when the charge is found to be a smokescreen, the court is bound to grant bail to the defendant.”
But Okpara said the counter-affidavit filed by the prosecution in opposition to his client’s bail application was “fundamentally defective” and should be struck out.
The lawyer urged the court to grant bail to his client on basis of the alleged defects in the bail application, a situation which he said implied that the application was not opposed.
He also argued that contrary to the contention of the prosecution, the defendants would only constitute national security threat if they continued on remand while “there will be peace if they are released”.
The lead prosecution lawyer, Magaji Labaran, argued his counter-affidavits and urged the court to dismiss the bail applications and order accelerated hearing in the matter.
He cautioned the court against granting bail to the defendants, particularly Onwudiwe, who was charged with terrorism.
Labaran informed the court about an application he filed seeking protection for prosecution’s witnesses.
Lawyers to the defendants confirmed being served with the applicant, but sought time to enable them respond.
Justice Nyako consequently adjourned till December 1 for ruling.
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