The Federal High Court in Abuja, has ordered the three sureties of the leader of the Indigenous People of Biafra, Nnamdi Kanu to produce him for the continuation of his trial or face jail term/forfeiture of their bail bond.
Tochukwu Uchendu, Jewish Chief High Priest, Immanuel -El Shalom Oka-Ben Madu and Senator Enyinnaya Abaribe, had signed an undertaking to always ensure the presence of the defendant in the court for his trial.
The family of Nnamdi Kanu, through his lawyer, Ifeanyi Ejiofor had petitioned the Federal government seeking for the whereabouts of their son whom they claimed had gone missing since his home at Afaraukwu Abia state was invaded by the Nigerian soldiers and their police counterparts.
Nnamdi Kanu is facing a three-count treasonable felony charge the Federal Government preferred against him and four other pro-Biafra agitators, Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie.
Justice Nyako had in a ruling on April 25, released Kanu on bail after he spent a year and seven months in detention, but his co-defendants were remanded in prison.
However, at the resumed sitting on the matter, yesterday, the Federal Government lawyer, Mr. Shuaibu Labaran, drew the attention of the court to Kanu’s absence, even as he applied for a bench warrant to be issued against him.
In opposition to the application, Kanu’s lawyer, Mr. Ifeanyi Ejiofor, maintained that his client had gone missing after the invasion.
He said, “I cannot tell my lord whether he is dead or alive because 28 people were killed at his house.”
He told the judge that he has a pending suit that is asking the Nigerian Army to produce Kanu before the court either dead or alive, saying: “As it stands today, I don’t know where my client is. They are in a better position to tell us where he is.”
At that juncture, Justice Nyako asked if any of the three sureties were present in court.
In response, Abaribe’s lawyer, Ogechi Ogbonna, announced his appearance and informed the court that his client had not seen or heard from Kanu since September 11.
Ogbonna told the court that his client was no longer willing to continue as Kanu’s surety and had filed a motion to be discharged.
Neverthless, Justice Nyako said she would not entertain Abaribe’s application until he produced Kanu before the court.
“No! He remains a surety until he produces the defendant. It is only when the first defendant is here that he can withdraw and the bail of the defendant revoked,” the judge insisted.
The trial judge went on to give Abaribe three options.
She said: “I will give you three different scenarios available here for your client. He should produce the defendant and apply to withdraw. Or he could say I don’t know where the defendant is and I cannot produce him, take my bail bond.
“The third scenario is he can say give me time to produce him. These are the only options for your client.”
Abaribe opted for time to produce Nnamdi Kanu.
But reacting, Senator Abaribe, through his lawyer, pleaded with the court to give him more time to produce the IPOB leader.
Abaribe, who told Justice Binta Nyako, that he had no information about Kanu’s whereabouts, was forced to request for time to produce the defendant in court.
In her ruling, Justice Nyako ordered the three sureties to appear before the court on November 20 to produce Nnamdi Kanu and to show cause why bench warrant should not be issued against them.
She said, “The second surety, Abaribe, will only be recused when the defendant is produced or if he chooses to forfeit the bail bond.”