The trial judge, Justice Binta Nyako, who ordered the immediate arrest of Kanu by the Inspector General of Police, also held that his treasonable felony charge should proceed even in his absence.
Kanu was arrested on October 14, 2015 and was detained without trial for over a year, in spite of various court orders that ruled for his release.He was finally arraigned on November 8, 2016 in an Abuja Magistrates’ Court for the first time on charges of criminal conspiracy, intimidation and membership of an illegal organisation.
She, however, barred him from granting interviews, being found in groups of more than 10 people, organising rallies or attending social functions. She threatened to revoke the bail if he failed to comply with the conditions. She further ordered that he deposit both his Nigerian and British passports with the court and that a report on the progress of his health be made available to the court on a monthly basis.
Machukwu-Ume argued that by virtue of Order 4, Rule 10 of Court of Appeal Rules, once the appeal has been compiled, transmitted and number given, a lower court can no longer have jurisdiction pending the determination of the matter before the appeal court.
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