TheCable

In a manner similar to how Olisa Metuh, spokesman of the Peoples Democratic Party (PDP), has been appearing in court in recent times, officials of the Nigerian prisons service handcuffed Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), to the federal high court in Abuja on Monday.

Kanu is facing a six-count charge bordering on allegations of treasonable felony, maintaining an unlawful society and illegal possession of firearms.

Last week, John Tsoho, a justice, ordered that he be transferred from the custody of the Department of State Services (DSS), where he had been since his arrest in October, to Kuje Prison.

The Biafran leader has been appealing to the court to grant him bail.

On Monday, U Udechukwu, senior advocate of Nigeria (SAN), who took the lead argument for his bail, urged the court to release him, stating that the alleged offence is a bailable one.

Udechukwu argued that the criminal justice act, 2015, stipulated bail for anyone not accused of a capital offence.

He said the offence Kanu was accused of committing, is a civil issue, adding that the right to agitate is guaranteed in a democracy.

“The right to agitate is inherent in a democracy. People must not be denied of their rights to protest by way of being kept in custody,” he said.

“If national security was a ground to throw people into detention the Criminal Justice Act would have said so.”

Making his own submission, Mohammed Diri, counsel to the federal government, said he was “seriously opposed to this application”.

He argued that the application did not fulfil certain conditions spelt out in section 162 of the criminal justice act, 2015.

Diri said Kanu could jump bail if released because, according to his statement to the Department of State Services (DSS), he is a British citizen.

“He sneaked into this country. He didn’t enter the country the proper way. He may sneak out,” he said.

“I urge this court to refuse this application and order for accelerated hearing.”

After listening to the argument of both parties, Tsoho fixed Friday for ruling on the bail application and the prison officers returned Kanu to their facility.