IPOB: Produce Kanu in Court June 26 or Risk Jail, Judge Tells Senate Abaribe, Others

The legal process to jail Senator Enyinaya Abaribe and two others, who stood surety for the run away leader of the proscribed Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, has been adjourned till June 26.
Justice Binta Nyako of a Federal High court, Abuja, on Wednesday fixed the date to enable Abaribe and others to produce Kanu in court or risk jail terms.
This is as the Judge ordered the prosecution to serve the sureties with an earlier order of court demanding them to appear in court and explain the whereabouts of Kanu or show cause why they should not forfeit their bail.
Abaribe, who is representing Abia South Senatorial District, Emmanuel El-Shalom, a Jewish Chief High Priest and a Chartered Accountant residing in Abuja, Tochukwu Uchendu, had on April 28, entered an undertaken to produce Kanu before the court to face his trial, and deposited the sum of N100m each.
When proceedings resumed Wednesday, counsel to the sureties observed that the court order had not been served on their clients to enable them prepare for their defence.
Counsel to Abaribe, Chukwuma Umeh (SAN), whose submission was adopted by others urged the court to direct that an enrol order be issued and served on his client by the prosecution.
This he submitted, was in the spirit of fair hearing as enshrined in section 36 of the 1999 constitution, “I apply that a proper thing be done, that is for a summon to be issued and served on the sureties for them to show cause why their bail bond should not be forfeited.
“The prosecution ought to have taken further steps to obtain an enrol order served on them. This is because a court order that is not served cannot be used against them as it is not binding on them until it is served on them “, he said.
Both Franklin Chude, who appeared for Tochukwu Uchendu, one of the sureties and Alloy Ejimakor, counsel to Emmanuel El-Shalom, aligned themselves with the submission of Umeh.
However, Chude drew the court’s attention to an application he filed seeking the setting aside of the ruling of thecourt, adding that the prosecution counsel has not filed a counter affidavit to the application.
Justice Nyako, however observed that the said application referred by Chude was not in the court’s file.
Responding, prosecution counsel, Shuaibu Labaran urged the court to discountenanced the submissions of the applicants and proceed with the business of the day, which he said was for the sureties to show cause why they should not forfeit their bail bond
In a brief ruling, Justice Nyako ordered that, ” The sureties are to be served with an enrol order of the court to show cause why their bail bonds should not be forfeited and or produce the 1st defendant in court or in the alternative go to prison’.
Kanu who is the 1st defendant is facing four out of the five-count amended charge preferred against him and four others whose trial have since been separated from that of Kanu.
Justice Nyako had in a ruling on April 25, released Kanu on bail on health grounds, after he had spent a year and seven months in detention.
Consequently, Abaribe and the two others had on April 28, entered an undertaken to produce Kanu before the court to face his trial.
However, Kanu’s whereabouts has remained unknown after the military attacked his home town in Abia State September last year, a development that has placed his sureties at risk of being sent to prison or forfeiting their bail bond.

Author: News Editor

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