The Court of Appeal sitting in Abuja on Wednesday dismissed an application brought before it by detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Kanu and two others, Benjamin Madubugwu and James Nwawusi, are facing treason charges at the Federal High Court in Abuja.
The IPOB leader had on May 5 approached the appellate court through his counsel, Chucks Muoma (SAN), challenging the decision of the Federal High Court to deny him bail.
Muoma had asked the court to determine whether the ruling by Justice John Tsoho of the Federal High Court was not an aberration of his client’s fundamental rights as stipulated in the Constitution.
The counsel also prayed the Appeal Court to determine whether or not Justice Tsoho was right in making Kanu’s dual citizenship an excuse for refusing him bail.
According to Muoma, the ruling was granted as though it was the first appellant alone that made the application for bail.
In its ruling however, a three member-panel, led by Justice Abdul Aboki, held that the lower court was right in relying upon Kanu’s dual citizenship, as a basis for denying his application for bail.
The court said the chances of Kanu returning to his other country was high, and that the laws of his other country may prevent the trial from reaching its logical end.
The court also ruled that the charge against Kanu and the two others was grievous and involved a threat to the state, therefore an application for bail would not be entertained.
Justice Aboki also stated that the Federal High Court acted within its jurisdiction in the said ruling, and hence affirmed the ruling of the court.
“The lower court has the power to exercise its discretion on the matter and the exercise of such discretion by the trial judge did not amount to denial of fair hearing to the defendants.
“The issues are resolved against the appellants. Ruling of the trial court is hereby upheld”, the appellate court declared.
