Specifically, he disclosed that series of tests that were
conducted on Kanu, showed that he was suffering from hypertension and acute
heart disease.
“Our humble submission is that the medical condition of the
defendant speaks for itself and the health challenge persists, despite the
treatment offered him by the detaining authority,” Ejimako added.
He maintained that Kanu’s continued detention by the
Department of State Services, DSS, posed a threat to his life, adding the
freeing the defendant on bail would enable him to effectively prepare his
defence to the charge.
Besides, Ejimakor alleged that the seeming delay in the
prosecution of the case was the fault of the government which he said had
repeatedly amended the charge.
On the court’s observation that Kanu once jumped bail,
Ejimakor argued that the development had become academic in view of findings
and judgements of various courts on the issue.
On its part, FG’s lawyer, Chief Adegboyega Awomolo, SAN,
opposed the bail application, insisting that there was no guarantee that Kanu
would make himself available for trial, once released from detention.
Awomolo, SAN, told the court that the security agency had
been diligent in protecting Kanu’s life.
He urged the court to reject the bail request and order
accelerated hearing of the case.
According to the prosecution counsel, Section 161 of the
1999 Constitution, as amended, stipulated that the defendant must prove that
the authorities failed to grant him access to quality healthcare at his
detention center.
The senior lawyer further contended that there was nothing
tangible that was brought before the court to establish an exceptional
circumstance that would warrant Kanu’s release on bail.
He said the court had earlier revoked the defendant’s bail
after he violated the conditions attached to it.
“There is no evidence before the court that Kanu will not
jump bail again,” Awomolo insisted.
The IPOB leader who was first arrested by security agents in
Lagos on October 14, 2015, has been in detention since June 29, 2021.
Trial Justice Nyako had on April 25, 2017, granted him bail
on health ground, after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April
28, 2017, released from the Kuje prison.
However, midway into the trial, the IPOB leader escaped from
the country after soldiers invaded his country home at Afara Ukwu Ibeku in
Umuahia, Abia State, an operation that led to the death of some of his
followers.
Kanu was later re-arrested in Kenya on June 19, 2021 and
extraordinarily renditioned back to the country by security agents on June 27,
2021.
Following the development, the trial court, on June 29,
2021, remanded him in custody of the Department of State Services, DSS, where
he remained till date.
On April 8, 2022, the court struck out eight out of the
15-count charge that FG preferred against him on the premise that they lacked
substance.
Likewise, the Abuja Division of the Court of Appeal, on
October 13, 2022, ordered Kanu’s immediate release from detention even as it
quashed the charge against him.
The appellate court said it was satisfied that FG flagrantly
violated all known laws, when it forcefully rendered Kanu from Kenya to the
country for the continuation of his trial.
It held that such arbitrary use of power by the Nigerian
government, divested the trial court of the jurisdiction to further try the
Appellant.
Dissatisfied with the decision, FG took the matter before
the Supreme Court, even as it persuaded the appellate court to suspend the
execution of the judgement, pending the determination of its appeal.
While deciding the appeal, the Supreme Court, on December
15, 2023, vacated the judgement of the appellate court and gave FG the nod to
try the IPOB leader on the subsisting seven-count charge.
Justice Nyako had Earl expressed her displeasure over how
the trial had been conducted since 2015.
“This is exactly the way this case has been going since
2015. I am talking to both sides. You always find a way to truncate the
proceedings,” the judge fumed.
