Trial Justice Binta Nyako held that Kanu must explain the reason why he breached the previous bail that was given to him, before he could enjoy another favourable discretion from the court.
“Until the issue of absence of the defendant for his trial, with all the bail conditions breached, is determined, the instant application of the defendant for bail will at best be premature and it is refused.
“However, the defendant is at liberty to refile the application”, Justice Nyako held. The court noted that Kanu’s trial had since 2015, suffered various setbacks owing to over 19 interlocutory applications that have been filed in the matter.
It, therefore, implored the parties to allow the case to proceed on trial to enable the charge to be determined, one way or the other.
Kanu had in the application he filed pursuant to sections 6(6) and 36(5) and (6) of the 1999 Constitution, as amended, as well as sections 161, 162, 163 and 165 of the Administration of Criminal Justice Act, ACJA, 2015, prayed the court to release him on bail, pending by determination of the charge against him.
He equally prayed the court to order the Department of State Services, DSS, to produce the medical report of the defendant who is currently in its custody.
Kanu, told the court that he was severely tortured for eight days in Kenya, before he was repatriated back to Nigeria for continuation of his trial.
He alleged that his health condition deteriorated, following “a highly poisonous substance” he said was injected into his system, which he said is causing him to have constipation and increased heart beat.
Insisting that the DSS lacks the necessary medical facility to cater for his health needs, Kanu, told the court that he was confined to solitary confinement where he alleged that he was daily exposed to mental torture.
The IPOB leader told the court that he has “credible and reliable sureties”, pledging that he would not commit any offence while on bail.
Besides, Kanu, argued that he has not been tried or convicted by any court of law in the country, contending that he was entitled to bail.
He further drew attention of the court to the fact that he was previously released on bail on health ground.
However, FG, urged the court to refuse the bail application, insisting that Kanu, having realized the gravity of the case against him, would run away from the country and not make himself available for trial.