Revoke Nnamdi Kanu’s Bail & Send Him Back To Prison – FG; Sen. Abaribe Applies To Be Discharged As Nnamdi Kanu’s Surety; Nnamdi Kanu absent as co-defendants arrive court . . .
The Nigerian federal government on Tuesday appealed to a Federal High Court sitting in Abuja to revoke the bail of the Biafra separatist leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu.
The prosecuting counsel, Shuaibu Labaran, also drew the attention of the Justice Binta Nyako-led court to the fact that the IPOB leader was not in court for his hearing.
Labaran prayed the court to revoke Kanu’s bail, order his re-arrest and direct the defendants’ three sureties “to show cause why the bail bond of N100m entered into by each shall not be forfeited or they be committed to prison.”
Earlier, the Nyako-led court had ordered Senator Eyninnaya Abaribe, and two others standing as sureties for Kanu to explain the whereabouts of the IPOB leader.
Sen. Abaribe pleaded with the court for time to produce the IPOB leader because his whereabouts is unknown.
The other two sureties, Immanuel Shalum Okabenmabu and Tochukwu Uchendu, were, however, absent and were not represented by any lawyer on Tuesday.
Kanu’s counsel, Ifeanyi Ejiofor also insisted that the Nigerian Army are in the best position to explain the whereabouts of his client, who has not been seen or heard from since September 14 when they allegedly invaded his residence in Umuahia, Abia State.
Justice Nyako adjourned the matter till November 20, 2017 for further hearing.
Sen. Enyinnaya Abaribe (PDP, Abia South), has applied to the court to be discharged from the suretyship, bond and recognizance of the bail of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
In an application filed against the Federal Government, Nnamdi Kanu, and his co-defendants, Senator Abaribe is asking the court to make an order discharging him as surety to Kanu. The Senator prayed the court to discharge him entirely from the incidence of Kanu’s bail.
He is also asking for a discharge of the bond used for Kanu’s bail and a refund of N100 million or any other bond paid to the court sequel to the bail.
The grounds upon which Senator Abaribe sought the reliefs include that the Nigerian army during a raid at the residence of the IPOB leader engaged in a fracas with members of the group which has been proscribed by the federal government.
Abaribe said since the raid by the Nigerian Army, the first defendant has not been seen or reached.
He also said Kanu is yet to make any public appearance or any statement since the raid.
“Since the aforestated visit of the Nigerian Army to the residence of the first defendant from September 11, 2017, the second respondent in this suit has not been seen again nor reached on phone the applicant neither is he reported in any news media as seen by any person nor made any statement on any issue.”
The Senator said since September 20, the report in the media is that the first respondent (Federal Government) has proscribed IPOB an organization led by Kanu and declared the organization a terrorist organization.
He said security agencies of the Federal Government are interested in the second respondent.
“The activities of the Nigerian Army as affecting the first respondent are matters of state secret incapable of being unraveled by the applicant which activities have put the second respondent out of the reach of the applicant such that the applicant cannot reasonably be expected to produce the second respondent before this court at any subsequent date.
The applicant lacks the capacity to produce a person stated by the first respondent to be a member of a terrorist organization or any person who the first respondent is reported to be interested in his whereabouts in the aftermath of the military operation in Abia state,” Abaribe said in his application.
Senator Abaribe, a Jewish Rabbi and traditional ruler stood as surety for the IPOB leader in August when he was granted bail by Justice Binta Nyako of the Federal High Court.
The surety and bond of N100 million each which was made available by Senator Abaribe and the two others helped in the release of Kanu from the Kuje Prison in Abuja where he was being held for over a year.
Kanu and his co-defendants, Benjamin Madubugwu, David Nwawuisi and Chidiebere Onwudiwe are facing a criminal trial of treasonable felony, conspiracy, and concealing of good imported into the country.
As at the filing of this report the application though before justice Binta Nyako is yet to be heard.
But the Federal Government has asked for the revocation of the bail granted to Nnamdi Kanu the self-styled leader of the indegenous people of Biafra.
The government is also asking them to issue a bench warrant for the arrest of Mr. Kanu and also order Senator Enyinaya Abaribe, Immanuel Shalum, Kosisochukwu Uchenna to show because why the bail bond of 100 million naira each shall not be forfeited or in the alternative commit the three of them to prison.
On the ground that Mr. Kanu has voided his bail and did not show up in court.
Justice Nyako has asked the counsel to Mr. Ejiofor for the whereabouts of his client.
In his response, Mr. Ejiofor replied that his client was willing and ready to appear before this court.
“Since the invasion of his house by the Nigerian Army on the orders of the Federal Government, I don’t know where my client is. I cannot tell you if he is dead or alive, “What I am saying is that the soldiers that went in his house will be in a position to tell you”
Justice Binta replied by asking for the sureties.
Counsel to the surety had informed the court that his client does not also know where Kanu is following the invasion by the Army.
But Justice Binta said Abaribe cannot rescue himself as a surety except he produces him or in the alternative, he will have to forefoot the bail bond.
She then asked the lawyer what his client will choose and has also given him a third alternative to ask for time to produce him.
Counsel to Senator Abaribe then asked the court for time to consult with the Lawmaker.
The case has been adjourned to November 20, 2017.
Three of the co-defendants facing charges of treasonable felony against the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, have arrived the Federal High Court in Abuja. They were brought to court by prison officials at about 10am on Tuesday.
But Kanu, whose lawyers said was last seen on September 14, 2017 following a military operation in his hometown in Abia State, is absent from court as Justice Binta Nyako was set to commence proceedings.
His co-accused already in court are the National Coordinator of IPOB, Mr. Chidiebere Onwudiwe; an IPOB member, Benjamin Madubugwu; and a former Field Maintenance Engineer seconded to the MTN, David Nwawuisi.
Nnamdi Kanu was on bail before he was declared missing. Announcing his appearance on Tuesday, Kanu’s lawyer, Mr. Ifeanyi Ejifor, told the judge that the IPOB leader was still in the custody of the Federal Government.
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