Justice Binta Nyako of an Abuja Federal High Court rejected has rejected the application by Mazi Nnamdi Kanu, the leader of the Indigenous People of Biafra, IPOB, seeking bail.
The IPOB leader sought the court’s permission to discharge the earlier order revoking his bail.
He specifically urged the court to set aside the order it made on March 28, 2019, which not only issued a bench warrant for his arrest but also gave FG the nod to try him in absentia.
The IPOB leader told the court that contrary to FG’s allegation that he jumped bail, he said he fled for his life after his home town at Afaraukwu Ibeku in Umuahia, Abia State, was invaded by soldiers, which he said led to the death of 28 persons.
Contending that he was denied a fair hearing before his bail was revoked, Kanu, attached eight exhibits that included photographs, as well as an affidavit he deposed to from Isreal after he fled from the country.
Justice Binta Nyako in her ruling on Tuesday ruled that Kanu has not provided sufficient reasons to warrant the court to set aside its order.
She accordingly dismissed the application for being an abuse of the court process.
The trial judge noted that from records of the court, Kanu was represented by his lawyer on the day his bail was revoked, likewise his sureties.
“In fact, he sureties told the court that they did not know the whereabouts of the Defendant and even applied to be discharged from the matter.
“Therefore, Defendant was not denied a fair hearing”.
Besides, Justices Nyako held that though a court could vacate a previous order when confronted with a cogent and verifiable reason, “in the instant case, I have not been given any, neither have I been given any reason to set aside the order.
“The present application amounts to an abuse of court process for attempting to relitigate an issue already decided by the court.
“If the Defendant is dissatisfied, he has the Appeal Court to go to.
“This application is accordingly dismissed”, Justice Nyako held.
