Sen. Abaribe

The Federal High Court in Abuja has ordered Senator Enyinnaya Abaribe, a surety to the missing leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu to produce him before November 20 or face the consequences.

Senator Abaribe had filed an application before the court seeking to withdraw as one of the sureties for Kanu but the Federal Government issued a counter affidavit and written address to oppose Abaribe’s request, claiming that Kanu was in his custody and that he should produce him so that his trial can continue.

The government stated in its counter affidavit that Abaribe was aware that Kanu had long violated the bail conditions handed down to him by the court on April 24, 2017 before September 11 when he claimed to have lost contact with the defendant (Kanu).

“That it was at this point of violating the conditions of the bail that the senator surety ought to surrender the 1st defendant and or bring up the application; that this application is belated and ill-timed.

“The applicant failed to apply to the court timeously, stating on oath that the defendant bound by recognisance  to appear before this court had violated the bail conditions given by this court,” the affidavit read in part.”

Mr. Shuaibu Labaran, the prosecuting counsel argued that Senator Abaribe failed woefully to adhere to the terms of the contract he entered into with the court and therefore aided and abetted Kanu to flout his bail conditions.

“My Lord, the surety has failed woefully to abide by the terms of the contract he entered into with this court and therefore cannot claim frustration.

“My Lord, we urge that the court hold, that surety, having refused to do what he ought to have done pursuant to section 174 of the Administration of Criminal Justice Act 2015 aided and abetted the 1st defendant in the flouting of the bail conditions of this court and should forfeit the bond he entered into.

Labaran maintained that Kanu was not in the custody of the Nigeria military or any of the nation’s security agencies as was widely reported after the routine exercise tagged “Operation Python Dance II” which was carried out in in Abia State.

Abaribe’s lawyer, Ogechi Ogunna therefore informed the court of the motion of his client seeking to withdraw as Kanu’s surety but the presiding Judge said she would not entertain the application and consequently gave the Senator and two other sureties up till November 20 to produce the defendant in court.