Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has filed a motion against bail conditions granted to him by the Federal High Court in Abuja .
Kanu was granted bail by Justice Binta Nyako, who denied three other co-defendants bail.
Some of the bail conditions included prohibition of associating with a gathering of over 10 Peoples, not granting interviews and holding or attending rallies.
In an application filed on July 1, Kanu said the bail conditions violate his constitutional rights. His lawyer, Mr. Ifeanyi Ejiofor, stated in the motion that the undesirable bail terms and conditions were contained in paragraphs 2(vii) and (viii) of the court’s ruling, granting bail to his client on April 25.
The motion is seeking, “An order of this honourable court varying the bail conditions given to the first defendant/applicant on April 25, 2017, by outrightly (sic) vacating paragraph 2(vii) and (viii) in the said order, which stipulates ‘that the first defendant should not be seen in a crowd exceeding 10 people; and that the defendant should not grant any interviews, hold or attend any rallies, respectively.”
He said the part which bars Kanu from being seen in a crowd exceeding 10 people contradicted his client’s right to freedom of association, and peaceful assembly.
He added that the part of the conditions barring Kanu from granting press interviews constituted an infringement of the defendant’s right to freedom of expression provided under Section 39 of the Constitution.
The lawyer stated, “Section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria as (amended) presume as innocent citizens charged with criminal offence until guilt is proved.
“Paragraph 2(vii) in the order, which stipulates that the first defendant/applicant cannot be seen in a crowd exceeding 10 people, contradicts the applicant’s right to freedom of association, and peaceful assembly granted by Section 40 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended).
“Section 39 of the 1999 Constitution of the Federal Republic of Nigeria as (amended) provides for citizens’ rights to freedom of expression and press.
“The bail conditions granted the first defendant/ applicant, particularly conditions in paragraph 2(vii) and (viii) in the said order, clearly discriminated against the first defendant/ applicant, and subjected him to certain disabilities and restrictions.”
Kanu had however attended rallies and also granted press interviews. The IPOB leader and other defendants have been charged for conspiracy and treasonable felony. The trial has been adjourned until October 17.
