Leader of the Indigenous People of Biafra, Mazi Namdi Kanu has filed a motion to be free from the bail conditions he got at the Federal High Court in Abuja.
The IPOB leader is asking the court to vary the conditions of the bail which it had granted him.
In her ruling delivered on April 25 2017, Justice Binta Nyako, had granted bail to Kanu on health grounds.
Kanu, in his application filed on July 1 , 2017, insisted that parts of the bail conditions prohibiting him from being seen in a crowd exceeding 10 persons, granting press interviews and holding or attending rallies, violated his constitutional rights.
Kanu’s lawyer, Ifeanyi Ejiofor, said 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.
Citing several Sections of the 1999 Constitution, Kanu’ 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.”
Ejiofor argued that the bail conditions were excessive, while maintaining that by virtue of Section 36 (5 ) of the 1999 Constitution, his client was presumed innocent.
He contended that the part of the condition barring him from being seen in a crowd exceeding 10 people contradicted his client’s right to freedom of association, and peaceful assembly, as guaranteed by Section 40 of the Constitution.
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.”
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Posted: at 22-07-2017 08:30 AM (7 years ago) | Addicted Hero
This most be an old post. Because Kanu has broken all the bail conditions right from the day he was released. He is taking advantage of Nigeria system because he no the system is crap, where everything can bought over. Your all need to start thinking
Posted: at 22-07-2017 09:26 AM (7 years ago) | Upcoming
Anybody wey say em dey struggle come mistakenly enter prison when military man dey preside over the affairs of the nation he never comes out of prison the same.. Something dey wrong somewhere.
Posted: at 22-07-2017 09:46 AM (7 years ago) | Hero
livingstone80 at 22-07-2017 11:47 AM (7 years ago) (m)
Quote from: tuscanT on 22-07-2017 09:26 AM
This most be an old post. Because Kanu has broken all the bail conditions right from the day he was released. He is taking advantage of Nigeria system because he no the system is crap, where everything can bought over. Your all need to start thinking
thank GOD, you said the systems is not working because if the systems is working, obasanjo, Jonathan, tinubu and all APC and PDP politicians will be in jail by now!
Posted: at 22-07-2017 11:47 AM (7 years ago) | Upcoming
A Good Attitude But At The Wrong Time.You Should Not Have Flouted The Court Injuction Before Filing For Litigation.A Bit Hopeless Of U.Disobediently Hopeless.
Posted: at 22-07-2017 06:23 PM (7 years ago) | Gistmaniac
Asterimou at 22-07-2017 11:59 PM (7 years ago) (m)
Which rallies and interview? So who have we been seeing fornicating all around South East? Na your ghost? All those Kanu say, Kanu no say? Who is saying them? or are they all propaganda? Was not you who said even Buhari is flouting his court order? Both you, your lawyer and even the court and judges no well.
Posted: at 22-07-2017 11:59 PM (7 years ago) | Gistmaniac