The lawyer to the leader of the Indigenous People Of Biafra (IPOB), Nnamdi Kanu has accused the Nigerian Prisons Service of causing an ailment currently suffered by his client.
Ifeanyi Ejiofor said an incident which occured during a failed jail break in Kuje prison led to a near death experience for his client.
At the resumed hearing, Ejiofor told the court that he has an application dated Thursday, March 2, and filed and served the same day for his client's bail.
He said the application is premised on Section 118 (2) of the Criminal procedure Act, Section 162 of the Administration of Criminal Justice Act and section 158 of the 1999 Constitution of Nigeria as amended to grant his client bail.
Ejiofor noted that since the incident, Kanu can barely stand for a long period of time.
''My lord, during the incident canisters of poisonous substances were thrown into the first defendant's cell,'' he said.
He continued: "The allegation against the first defendant has since gained international attention. The first defendant is ready to stand trial to clear his name from this bogus allegation against him."
Ejiofor prayed for bail in the most liberal term for Kanu. He told the court that the charges against his client are empty and bear no weight as the proof of evidence is not strong enough to sustain the charges against him.
Supporting Ejiofor's prayer, Inalegwu Adoga counsel for second defendant said his client should al be admitted to bail.
Citing various instances, Adoga said it has become difficult to having visiting sessions at the Kuje prison were the Kanu and his co-accused are being held.
"On March 15, I went to see my client in Kuje Prison to prepare for his appearance in court and I was told by prison officials that Nnamdi Kanu and his group have been stopped from receiving visitors including lawyers.
''I wad told by the prison officials that the order was given by the State Security Services (SSS)," Adoga said.
Adoga said while it remains clear that the order was not made by the court, it is also important for the benefit of doubt that the court distances itself from such action by the SSS.
"My lord, it is important that the court distances itself from such. When a party in a matter begins to act differently, like this it means that something is fishy," he said.
E. I Esene counsel to the third defendant said same should apply to his client. He said the charges against his client is not a capital offence and as such does not warrant a bail denial.
Esene added that if released on bail his client will not evade trial or commit any crime.
Meanwhile, Justice Binta Nyako has said that she will not vary her order for the protection of witnesses in the matter.
Ruling on an argument by Ejiofor, Nyako said her order is focused on protecting security operatives who will testify against the IPOB leader and his co-accused.
Nyako said all security operatives will either be masked or their testimonies taken behind a screen.
Nyako's decision came after Ejiofor told the court that an application have been filed for the review of the judgment made by the court on protection of witnesses.
"I will not vary my order on protection of the security operatives, it is either they come wearing masks or we hear their testimonies behind the screen.
''The only people that will see them is me, you (the counsels involved) and the defendants," Nyako said.
Below is a video clip of the IPOB leader and others arriving the court earlier today.