Despite an appeal against the proscription order, a Federal High Court in Abuja has ruled that the decree prohibiting the Indigenous People of Biafra (IPOB), a pro-Biafra organisation, remains in effect.
In a judgement on Kanu’s preliminary objection on Friday, Justice Binta Nyako ruled that, while IPOB has appealed the order prohibiting it, the injunction would stay in effect until it is overturned.
“This case is currently on appeal,” she stated. The injunction prohibiting the organization from operating will remain in effect until it is dismissed.”
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In September 2017, a previous Chief Judge of the court, Justice Adamu Kafarati (now deceased), approved an ex-parte plea by the Federal Government and labeled IPOB an unlawful organization in a judgement.
In a separate judgement in January 2018, Justice Kafarati dismissed IPOB’s request for a vacation of the proscription order.
In her judgement on Friday, Justice Nyako slammed Kanu’s counsel, Mike Ozekhome (SAN), for claiming that the IPOB leader was illegally deported from Kenya.
Ozekhome stated that Kanu was kidnapped and sold into slavery in Nigeria, in violation of existing human rights laws.
Ozekhome filed a N50 billion claim for Kanu before the Federal High Court in Abuja on Thursday, based on a similar reasoning.
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Kanu remains a fugitive, according to Justice Nyako’s judgment on Friday, since he is wanted on a bench warrant.
“Rendition for the sake of criminal inquiry is permitted,” she noted. In this situation, the defendant is wanted by the court on a bench warrant; suffice it to say, he is a fugitive.”
The judge further held that, as against argument by the defence, her court is clothed with the requisite jurisdiction to try Kanu for offence he allegedly committed outside the court.
She struck out 8 from the 15 counts contained in charge on Kanu was standing trial.
Justice Nyako held that the affected counts do not disclose any offence against Kanu.
The judge said: “In this instant preliminary objection application, I have read the counts and come to the conclusion that counts 6, 7, 8, 9, 10, 11, 12 and 14 have not disclosed any offence against the defendant.
“‘Counts 1, 2, 3, 4, 5, 8 and 15 show some allegations, which the defendant has to answer.
“The court shall proceed to try the defendant on those counts,” she said.
The judge later entertained argument on the bail application filed for Kanu by his lawyer.
Ozekhome, while arguing the bail application, contended that until a person is tried and convicted, he should be allowed to walk free.
He argued that in view of the presumption of innocence, his client is innocent until the contrary is proved.
Ozekhome prayed the court to admit his client to bail and release him to his custody.
Prosecuting lawyer, Magaji Labaran urged the court to refuse bail to the defendant, noting that the IPOB leader Kanu had violated the earlier bail granted him.
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Labaran said: “My lord granted him bail on 2017 on health ground, but since then till date, no medical record was submitted to the court until he jumped bail.
“What we should be saying is contempt of court because he has flagrantly violated the orders of the court.
He stressed that the court should be guided by its discretion, particularly the circumstances of the case.
Labaran added that, in the alternative, the court should order accelerated hearing in the case so that the defendant could know his fate one way or the other.
Justice Nyako adjourned till May 18 for ruling on bail and May 26 for commencement of trial.
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