Justice John Tsoho of the Federal High Court in Abuja has declined to release the detained leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu on bail pending his trial.
In a ruling today, the court also denied bail to two
other pro-Biafra agitators, Benjamin Madubugwu and David Nwawuisi, who
are facing trial with Kanu.
Justice Tsoho maintained that the charge against the
defendants “is a grave one that will attract severe punishment upon
conviction”.
The court noted that the offence that was allegedly
committed by the defendants, which borders on treasonable felony,
attracts life imprisonment.
It held that the right to personal liberty of any individual takes secondary place once the issue of national security is involved.
Besides, Justice Tsoho observed that the defendants had in
an affidavit they deposed in support of their bail
application, insisted that they have a right to agitate for self
determination.
“The situation as perceived by this court is that there is
conflict of interest between the applicants who insist that they have a
right to agitate and the respondent (federal government) which argues
that it has the responsibility to maintain peace and order.
“Personal liberty of an individual within the
contemplation of section 35 of the 1999 constitution is a qualified
right that is not absolute. It can be curtailed in other to prevent a
person from committing further offence.
“Section 35 cannot be used as a canopy to escape lawful
detention by persons suspected to have committed serious crime”, the
Judge held.
While ordering that the defendants should remain at Kuje prison, the Judge fixed February 9 to commence their trial.
Source: Vanguard



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