President Buhari, had in his first media chat, in December 2015 said the likes of Kanu and the immediate National Security Adviser, Sambo Dasuki, who was accused of spearheading the diversion of over $2bn meant for arms procurement, could not be granted bail because of the gravity of the offences they had committed.
Ruling on the bail applications filed by Kanu and his co-accused on Thursday, Justice Nyako held that the defendants were not deserving of being granted bail.
The judge however pointed out while alluding to the issue of Buhari’s comment which was raised in the application filed by Kanu’s lawyer that the President was entitled to his personal opinion which was not binding on the court.
The judge, “President Muhammadu Buhari is entitled to freedom of expression and his opinion. However it does not necessarily have the force of law on the court.”
Kanu and his co-accused are being prosecuted by the Federal Government for offences including treasonable felony and an act preparatory to act of terrorism.
The three other accused persons are National Coordinator of IPOB member, Mr. Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi.
Justice Binta Nyako, ruling on the applications filed by the four defendants, held that defendants were not deserving as most of the charges preferred against were “ordinarily not bailable”.