FG argued that the leader of the Indigenous People of Biafra (IPOB) who was granted bail on April 25, 2017 on health grounds had not only breached the conditions attached to his bail but had conducted himself in manners that threaten public peace.
In a counter-motion, filed by Magaji Labaran of the Federal Ministry of Justice, FG urged the court to dismiss an application by Kanu, seeking a review of his bail conditions. In the suit, FG argues:
“The offence for which he (Kanu) is standing trial is not ordinarily bailable; the court, not withstanding, granted bail to the 1st defendant/applicant (Kanu) on health grounds on 25th April 2017.
“Among other conditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people; that he should not grant any interviews, hold or attend any rallies; that he should file, in court, medical updates of his health status every month. The bail conditions were perfected by the 1st defendant/applicant, which he is currently enjoying.
“Rather than observing all the conditions listed above, the 1st defendant, in fragrant disobedience to the court order, flouted all conditions given by the court.
“The 1st defendant equally incited his members to disrupt, disallow and boycott elections in South East states, starting with Anambra State gubernatorial election scheduled for November 18 if the Federal Government failed to hold referendum for the realisation of the state of Biafra.
“The 1st defendant has already declared the bail conditions given by the court unconstitutional before approaching this court with the application for variation. Rather than showing remorse for his actions, the 1st defendant approached this court with an application for a review of the same conditions for the bail which he grossly flouted.
“Considering the above, that the 1st applicant has violated the conditions on which the terms of his bail were premised, we urged this court to commit the defendant to prison by invoking the provision of Section 173(2)(B) of the Administration of Criminal Justice Act, 2015.
“We categorically state that justice would have been denied the state by this court, if the state is not protected from the offences being perpetrated by the 1st defendant/applicant, who is currently on bail.”
Nnamdi Kanu and four other IPOB members – Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie – are being tried before the Federal High Court, Abuja on offences relating to conspiracy and treasonable felony.
In a related development, three Igbo groups – the World Igbo Youth Movement, Igbo Students’ Forum and Igbo Diaspora Women Professionals have warned the Federal Government against any plans to re-arrest Nnamdi Kanu.
The groups argue that the action of the Coalition of Northern Youths which issued a quit notice to Igbos residing in the north, was more offensive than the activities of Kanu’s IPOB.
They warned that they would not watch calmly as Igbos are driven out of the north, adding that IPOB was simply seeking how to actualize a sovereign Biafran state, through peaceful means.
In a joint statement signed by Mazi Alex Okemiri for the World Igbo Youth Council; Prof. Helen Ogbonna for the Igbo Diaspora Women Professionals and Comrade Obi Izuo for the Igbo Students’ Forum, the groups stated:
“We caution that Nigeria may cease to exist if Nnamdi Kanu is re-arrested.
“This may also be the fate of the country if the planned October 1 massacre is carried out against Ndigbo living in the north.”
The groups also urged Igbo indigenes to run for the presidency in the 2019 general elections adding that there was no turning back on the Igbo presidency project in 2019.