BIAFRA: BAIL GRANT OR HOUSE ARREST; X-RAYING KANU’S BAIL CONDITIONS

By Ifeanyi Chijioke - TBP

April 27, 2017

Leader of IPOB; Mazi Nnamdi Kanu

I have been compelled to look into the bail conditions of the leader of Indigenous People of Biafra to ascertain my previous status. I once more stand that the bail must not be rejected on the pages of newspapers, it must follow due process. In my sincerest opinion; I would urge for the acceptance of the bail while conditions are appealed at the same time. The Court ruling must not be plainly rejected; this is a matter that needs proactive legal approach.

Some have emotionally kicked against the bail even while Kanu’s defense counsel is still reviewing it; they are simply of the opinion that the bail conditions are severe and must be rejected by all and sundry. The legal team of the leader of Indigenous People of Biafra has also counseled that the bail be accepted while variations and appeal are considered. There seems to be contradiction from legal point with social critics; it lies on the leader of Indigenous People of Biafra to decide and his decision is final.

Reactions have trailed the ruling which have in one way or the other caused bitter argument; with those that want the leader of Indigenous People of Biafra out of detention and those that want him released unconditionally or he continues to stay in detention digging it out. While I am against the latter; I also find it very disturbing that the latter has a big case for his position. The ability to rationally think is one of the key aspects of maturity and upon that I X-ray the bail conditions given to Nnamdi Kanu.

From the conditions listed by the trial judge; it is very clear that no bail was granted except another means of arrest, one would wonder why the trial judge refused to plainly mention to the leader of Indigenous People of Biafra that he is no longer in detention at Kuje Prisons but in detention at his own house. To make it clear; Justice Binta Nyako transferred Nnamdi Kanu from the prison in Abuja to another prison in Afaraukwu. Nnamdi Kanu has been given house arrest and not granted bail by virtue of the conditions listed by Justice Binta Nyako.

The accused shall never stay in a crowd exceeding 10 people; this practically deprives the leader of Indigenous People of Biafra the right to associate because there would never be a time a popular figure won’t have more than twenty people to stay and chat with him. There would never be a time he would not receive more than 30 people in his palace as a crown prince. Should the condition stand; it clearly means that Nnamdi Kanu would be consigned inside his room all the days of the trial. To this end; it appears more like Kuje prison is a better option where he can associate with people at his discretion.

Do not grant interviews; this is another goofing condition, I wonder why a litigant would be allowed to grant interview in detention but when bailed, deprived the right he enjoys in detention. One begins to wonder being in detention and being on bail; the one that is more enjoyable. Justice Binta Nyako’s bail granting is like flying from the frying pan into a fire and this poses a great threat to Nnamdi Kanu’s fundamental human rights.

In its entirety; the bail granted Nnamdi Kanu is nothing short of house arrest and the bail condition must be appealed but the bail not to be rejected. The litigant has accepted his bail but would seek a relaxed condition upon which the bail is given. The conditions attached to the bail cannot stand because it opposes fundamental human rights. It is a relief that bail has been granted to the leader of Indigenous People of Biafra and a landmark victory for the defense counsel but that is where another fight begins.

The defense counsel must appeal the conditions of the bail while stating clearly that the accused has accepted his bail. A bail is given for the purpose of facilitating one’s fundamental human rights to his defense but in a situation the conditions attached to the bail put one in another form of detention, it becomes judicial rascality. But for the record; let no one mention that bail is rejected but the conditions of the bail needs relaxing. Posterity would judge every action and should Kanu’s bail conditions stand, it may turn into a normal act. Buhari has no place to hide except to allow justice to prevail.

Editor/Publisher: Chinwe Korie

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