Kanu speaking through his lawyer, Ifeanyi Ejiofor said it was not for the prosecution to determine whether or not his client had violated the bail conditions.
Ejiofor said it was the exclusive responsibility of the court to decide whether or not the bail conditions had been violated. He, however, added that some of the conditions the defendant was being touted to have violated were unconstitutional.
He promised to file an application to set aside the “unconstitutional” bail conditions.
Ejiofor said, “It doesn’t lie in their power to determine whether he has breached the bail conditions or not.
“The court gave the bail on supplementary and other main terms. The court knows the terms on which it granted the bail.
“I have been able to clarify this issue – the fact that the court said he cannot be found in the crowd of more than 10 persons does not mean he cannot go to church; it does not mean he cannot entertain visitors in his house.
“It is on that note that we are going to file an application to vacate those terms.
“I can tell you that the court is fully aware that he would attend church and he would receive family members.
“These are his rights under the fundamental human rights in Chapter 4 of the Constitution.”
Reacting to allegations of his client granting press interviews in breach of his bail conditions, Ejiofor said, “Freedom of expression is part of the rights he (Kanu) is entitled to under the Constitution.
“We are filing an application before the court to set aside the terms that are clearly in violation of the Constitution.”