Kanu was re-arraigned on an amended 15-count charge bordering on treasonable felony.
Mike Ozekhome, Kanu’s lead counsel, moved an application for bail.
Ozekhome said: “Until a person is tried and convicted, he should be allowed to walk free.”
He reminded the court that a defendant ought to enjoy the presumption of innocence until proven guilty.
“I humbly urge my lord to use your discretion to grant him bail subject to my lord’s condition,” he said.
“You can limit him to stay in my house and I will not allow him to move around,” the lawyer added jokingly.
Responding, Shuaibu Labaran, prosecution counsel, objected to the bail application on the grounds that Kanu had allegedly violated the earlier bail granted him.
“My lord granted him bail in 2017 on health grounds, but since then until date, no medical record was submitted to the court until he jumped bail,” he said.
“What we should be saying is contempt of court because he has flagrantly violated the orders of the court.”
He urged the judge to be guided by her discretion vis-a-vis the circumstances of the case “and in the alternative, order accelerated hearing on this matter so that the defendant can know his fate one way or the order.”
The judge, Justice Binta Nyako adjourned the matter to May 18 to deliver ruling on the bail application.
Meanwhile, the court had exonerated the Federal Government on the allegation that Kanu was forcefully abducted abroad to face trial.
Justice Nyako, in a ruling, held that rendition for the purpose of criminal investigation was allowed.
Nyako said since Kanu was on bench warrant, the law allowed that anywhere he was sighted, he can be arrested and brought to face trial.
“Rendition for the purpose of criminal investigation is allowed.
“In the instant case, there is bench warrant on the defendant (Kanu). Suffice to say, he is a fugitive before the court,” she said.
The judge, who dismissed Kanu’s move to challenge the terrorism charge, upheld seven counts in the fresh charges filed by the federal government against the IPOB leader.
Nyako said that the federal government, through the office of the Attorney-General of the Federation (AGF), had been able to establish some allegations against Kanu in counts 1, 2, 3, 4, 5, 8 and 15.
“The court shall proceed to try the defendant (Kanu) on those counts, ” she ruled.
After the review of the 15 counts, she held that about eight of the counts appeared to be similar.
She, therefore, ordered that counts 6, 7, 9, 10, 11, 12 13 and 14 to be struck out.
Nyako also ruled that the order proscribing IPOB as a terror group still subsisted until it was vacated since the issue was still on appeal.
She dismissed the argument by Chief Mike Ozekhome, counsel for Kanu, on whether IPOB as a terrorist organisation was still a subject of appeal.