IPOB : Court orders Senator Abaribe ,others to produce Kanu in court
Andrew Orolua, Abuja
The Federal High Court sitting in Abuja has ordered Senator Eyinnaya Abaribe, Immanuu-El Shalom Oka Ben Madu and Tochukwu Uchendu to produce the leader of the banned Indigenous peoples of Biafra (IPOB), Nnamdi Kanu in court on November 28, 2017 and show cause why Kanu was absent in court on Wednesday.
Justice Binta Murtala-Nyako gave the order yesterday following the absence of Kanu in court. Kanu the 1st defendant in the treason trial had secured his bail on health ground through the sureties Senator Abaribe, Immanuu-El Shalom and Uchendu who also signed bond of N100million each.
At the resumed trial yesterday, the Justice Nyako noted that the 1st defendant (Kanu), was not in court while three other 2nd, 3rd and 4th co- defendants: Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi were in court.
She also observed that Bright Chimezie the 5th defendant was not produced by the Department of State Security . The judge then said that the court can not conduct the trial in the absence of the two defendants in a joint trial.
She noted that since the 1st defendant counsel Ifeanyi Ejiofor has informed the court that he did not know the whereabout of his client (Kanu), the normal thing for the court is to issue an order for the sureties to appear in court and show cause why Kanu was not in court.
Justice Nyako said that the motion filed Senator Abaribe one of the sureties through his counsel seeking to withdraw his surety can not be granted until the surety produce Kanu. Alternatively, She added, Abaribe should forfeit the N100million bail bond to the government or the court gives him more time to produce Kanu in court.
The judge directed the Nigerian prison authority to allow the 3rd and 4th defendants Madubugwu and Nwawuisi respectively access to medical treatment .
Earlier during the proceedings, the prosecution counsel Labaram Shuaibu had informed the court that they are ready to open their case but unfortunately the 1st defendant was absent.
The lawyer recalled that the 1st defendant (Kanu) was granted bail on April 28, 2017 on health ground and barred from attending rally and gathering of people more than ten persons.
Shuaibu further told the court that Kanu has violated the bail conditions by holding rallies. He said the defendant was not in court, therefore the court should revoke his bail. The prosecution also prayed the court to issue bench warrant for the arrest of three persons who stood surety for Kanu.
But Kanu’s lawyer, Ejiofor said that within the intervening period between April 28, when the court granted the bail and yesterday, precisely on September 11, soldiers invaded Kanu residence and killed 28 persons and wounded several others. “I can not tell whether Kanu is alive or dead and I don’t know where my client is,” he added.
The 2nd ,3rd and 4th defendants lawyers yesterday also informed the court that they have filed applications praying the court for separate trials instead of the joint trial. They also want the court to hear their fresh bail applications which they filed following the amended charge.
Justice Nyako said that they can move their bail applications after the arraignment .She however hinted that she has ruled on bail application before now.
