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.
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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