An Abuja Federal High Court sitting before Justice Tsoho, will on Friday, decide on a bail application filed by the director of Radio Biafra, Nnamdi Kanu.
At the resumption of hearing on motion for bail by E. M Ekweju, Kanu’s counsel, the prosecuting counsel, Mohammed Diri, said he was ready to respond to the bail application.
Kanu’s counsel, Ekweju told the court that Section 158 and 162 of the Administration of Criminal Justice Act (ACJA) was a statutory right in the Constitution for an accused person seeking for bail before the court.
“My lord, it is my humble submission that the counter affidavit filed by the prosecution has not attempted to meet the provisions of Section 162 of the CJA,” Ekweju said.
But in his objection, Diri said the only material attached to the application was what had happened before the Magistrate Court, noting that no affidavit of means was included as claimed by the defence counsel.
The oral application by the counsels does not tally with his affidavit, he also said, praying the court to refuse the applicant bail and an order for accelerated hearing.
After hearing the submissions and objections, the trial judge, Justice Tsoho adjourned ruling on bail application to Friday, January 29.
Tsoho had on Wednesday, January 20 ordered that Kanu be remanded in Kuje Prison pending hearing on his bail application.
Since his arrest in October 2015, Kanu has remained in custody of the State Security Services (SSS), an action one of his counsels, Chuks Muoma, argued had left him incommunicado with his family and lawyers inclusive, even though he was the one who requested for it having queried his initial arraignment before Justice Ahmed Mohammed of another Federal High Court in Abuja.
