IPOB : Abaribe in court as judge orders access to his lawyer

* Co-surety wants court to order Nnamdi Kanu’s arrest
Justice Binta Nyako of the Federal High Court in Abuja on Tuesday ordered the Department of State Service (DSS) to allow Senator Eyinaya Abaribe who is been held incommunicado access to his lawyers.

The order was sequel to an oral application made on his behalf by his lawyer, Chukwuma-Machukwu Ume (SAN), asking the court to order the release of Abaribe, who was arrested by the DSS last Friday over undisclosed reasons.

But complaints about Abaribe’s detention dominated the hearing of an application filed by Federal Government, asking the senator to show cause while N100million bond he entered as surety for the leader of proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu’ s bail should not be forfeited.

Senator Abaribe, who was arrested last Friday by DSS was brought to court on Tuesday by the operatives of the DSS.

The other sureties are a Jewish Priest, Ben El Shallom and an Accountant, Tochukwu Uchendu whose bonds of N100 million each also are at stake following Kanu mysterious disappearance during a military raid in his father compound.

When the matter came up on Tuesday before Justices Binta Nyako, Abaribe’s lawyer, Chukwuma- Machukwu Ume (SAN), told the court that his client who was arrested last weekend over his role in the IPOB matter, was brought to court in chains by the DSS.

While stating that Abaribe since his arrest has been held incommunicado by the security agency without been charged to court, Ume said Abaribe’s arrest is capable of jeopardizing the trial.

He therefore urged the court to order the release of Senator Abaribe from the DSS custody.

But Justice Nyako stated that since the arrest of Abaribe was not a matter before him, there is nothing the court could do, adding that in situation such as this, Abaribe’s lawyer ought to know the next step to take.

However, following much pleading by Abaribe’s lawyer, Justice Nyako requested for the DSS official who brought Abaribe to court and ordered that he be allowed access to his lawyers.

The judge said, “Allow him have access to his lawyer, you cannot hold him incommunicado. No matter what reason he is been arrested, allow him access to his lawyers”.

Earlier, Ume and lawyer to the second surety, Aloy Ejimakor informed the court of a motion they both filed challenging the jurisdiction of court to entertain the matter on the grounds that the order served on their clients to show cause why they should not forfeit their bail bond or be remanded in prison custody did not comply with the law.

They therefore urged the court to set aside the order for lack of jurisdiction.

But the lawyer to Tochukwu Uchendu, the 3rd surety, Frank Chude, informed the court of an application he filed on June 25, asking the court to order the arrest of Nnamdi kanu.

Uchendu, in the motion filed on his behalf by Chude is seeking for an order of court directing the police to arrest and produce Nnamdi Kanu in court.

He also sought for an order of court suspending his obligation on the bond until the whereabouts of Nnamdi Kanu is established.
The application, which was brought pursuant to section 174 (A) and (B), 177 and 179 of the Administration of Criminal Justice Act, 2015 and section 36 of the 1999 Constitution, was rooted on four grounds.

In a 23-paragraph affidavit in support of the motion, Uchendu‎, predicated his motion on the grounds that the court had granted the 1st defendant (Kanu) bail on the 25th day of April 25, 2017.

He pointed out that while Kanu was on bail; he had a confrontation with the military, an arm of the state, and “that since then his whereabouts is unknown and he has not being seen”.

Uchendu, in an affidavit he deposed to, averred that after the invasion of the residence of Kanu by the Nigerian Army on September 14, 2017, he has not been seen in the public.

“I am unable to communicate with the 1st defendant and his whereabouts unknown to me”, he said.

Uchendu further averred, “That Kanu has not been seen in public since the 14th day of September, 2017, when the agents of the state (soldiers) invaded his house in Isiama Afaraukwu, Abia state.

“That the invasion of Kanu’s home on 14th September by the military has ostensibly frustrated his bail and made it impossible for me to bring him to court as stipulated by the terms of the bail”.

He therefore pleaded the court not to punish him for the unforeseen circumstances created by the Nigerian soldiers which has practically frustrated his duty as surety.

Lawyer to the Federal government, Shuaibu Labaran, who was served on Monday with sureties motions, told the court that he was prepared to proceed with the hearing and that he will reply the sureties applications orally on point of law.

But, Kanu’s lawyer , Ifeanyi Ejiofor, raised a complaint that he was not served with the sureties motions .
Consequently, Justice Nyako adjourned the matter to November 14, 2018 for hearing. ‎

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