But the court revoked Kanu’s bail and issued a bench warrant
for his arrest after he failed to present himself as required.
The IPOB leader was rearrested in Kenya in 2021 — after
being on the run for some years.
‘CLAIM OF JUMPING BAIL WAS FALSE’
In the motion, Kanu’s lawyer said his client was falsely
accused of jumping bail.
Ejimakor said Kanu fled Nigeria when security operatives
allegedly invaded his home in Abia state in an attempt to kill him.
“An order of this Honourable Court setting aside the order
revoking the Defendant/Applicant’s bail made on the false representation that
the Defendant had jumped his bail,” the motion reads.
“An order Setting aside the bench warrant issued against the
Defendant/Applicant on the basis of the misrepresentation that the Defendant had
jumped bail and absconded. from his trial.
“An order setting aside the order of forfeiture of the bail
bond of the Defendant sureties, made on the misrepresentation that the
Defendant had jumped bail and absconded from his trial.
“An order restoring the Defendant/Applicant’s bail on the
same terms upon which same was granted by this Honourable court on 25 April,
2017.
“And for such order or further orders as this Honourable
Court may deem fit to make in the circumstance of this application.
“Take further notice that the grounds upon which the
application is predicated are as follows: On 25 April 2017, the Applicant was
admitted to bail by this Honourable Court.
“The Applicant was enjoying his bail when he came under
attack by agents of the Complainant at his home at Isiama Afaraukwu Ibeku,
Umuahia North LGA, Abia State, whereupon the Applicant fled from Nigeria in
what was purely an act of self-preservation.
“The bail of the Applicant was revoked by this Honourable
Court and a bench warrant issued against him upon the application of the
Complainant made to this Honorable Court that the Applicant had jumped bail.
“The Applicant was, pursuant to said bench warrant,
subsequently kidnapped in Kenya by agents of the Complainant and was brought to
Nigeria by way of extraordinary rendition.
“The jurisdiction of this Honourable Court to try the
Defendant as well as issues pertaining to his bail and extraordinary rendition
was challenged up to the Supreme Court in SC/CR/1361/2022: BETWEEN FEDERAL
REPUBLIC OF NIGERIA V. NNAMDI KANU, where their Lordships determined that
Applicant’s bail ought not to have been revoked in the first place, being that
it was the invasion of the Applicant’s home that caused him to flee in order to
secure his life and physical well-being.
“The order setting aside the Applicant’s bail, the warrant
of arrest and the forfeiture of his bail bond ought to be reversed by virtue of
the decision/finding of the Supreme Court.
“The bail of the
Applicant ought to be restored in the interest of justice.”
Prince Emmanuel, Kanu’s brother, submitted an affidavit in
support of the motion to restore the IPOB’s leader’s bail.
