Federal High Court in Abuja has granted bail to four men – National Coordinator of the Indigenous People of Biafra (IPOB) Bright Chimezie; Chidiebere Onwudiwe; Benjamin Madubugwu and a former Field Maintenance Engineer of MTN David Nwawuisi.
They were charged with IPOB leader Nnamdi Kanu with treasonable felony.
Justice Binta Nyako agreed to allow their bail on grounds of ill-health and the number of years they had spent in detention awaiting trial.
According to her, the defendants had spent about three years in custody when the maximum penalty for their offences, if convicted, ranged from five to seven years.
She noted that Chimezie was earlier granted bail by the Federal High Court in Uyo in May 2017, but the Department of State Services (DSS), which held him in custody, refused to release him.
The judge said Section 163 of the Administration of Criminal Justice Act 2015 made bail a right of every defendant unless the prosecution was able to prove why the defendant was not entitled to bail.
She said: “Taking all these into consideration, I have not seen any reason why I should not grant bail to the defendants.”
The bail conditions were similar to the ones attached to the bail granted Kanu last April.
The defendants were restrained from granting interviews, participating in any rally or found in the gathering of people.
Justice Nyako also ordered them to produce two sureties each, for whom N10 million should be deposited in the court’s account.
The defendants were also mandated to deposit their passports with the court registry, and they must not travel out of the country without the court’s permission.
They are also to report to the Commissioners of Police in their states of residence fortnightly.
She said: “There should be no gathering, no welcome oyoyo (a reference to a welcome party). Just take care of your health, spend time with your family. Don’t travel outside the country without the court’s permission. No press interview of any form.”
Justice Nyako rejected the plea by Chimezie’s lawyer, Ifeanyi Ejiofor, who also stands as Kanu’s lawyer, to substitute the requirement for cash deposit with the signing of bail bond worth the same amount.
Ejiofor was concerned that it would be difficult for his client and other defendants to each get N20 million cash.
Justice Nyako, however, modified the condition to allow the defendants be released pending when they would get the cash.
She added that she would impose another condition to guarantee that they would deposit the cash in the court’s account after being released.
The matter was adjourned till November 14 for continuation of trial.
