Nnamdi Kanu still missing! Court to rule Dec. 13

Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) is still at large.

Nevertheless, Justice Binta Nyako of the Federal High Court, Abuja has fixed December 13 , 2017 for ruling on the application brought by the proscribed Indigenous Peoples of Biafra (IPOB) counsel, Ifeanyi Ejiofor for an order directing the Nigerian Army to produce Nnamdi Kanu in court .

Kanu who is on bail in a treasonable felony trial went missing on September 14, 2017. IPOB claimed, in the suit filed shortly after Kanu went missing, that the soldiers, who allegedly invaded his father’s house on September 14, took him away. Therefore, they want the court to order the Chief of Army Staff, Lt. General Tukur Buratia and the Nigerian Army to produce him.

Arguing the application on Friday IPOB counsel Ejiofor said that all the pronouncements made by the Nigerian army through a press statement issued by the Director of Army Operations and the remark by the Vice President, Yemi Osinbajo point to the fact that Kanu is in their custody .

He said that the deposition by Gen Buratai that soldiers who invaded Kanu fathers house on September 14 ,2017 pursued a truck loaded with explosives into the compound justified IPOB claim that the army was the last that saw Kanu ,
Based on the document before the court the respondent has the duty to produce him having the last contact with Kanu, the counsel submitted.

In opposition to the application, counsel for the Nigerian Akinlolu Kehinde (SAN), urged the court to dismiss the suit for being speculative. He said that the application was not only speculative but based on assumption and unfounded opinion.

He said the plaintiff counsel was unable to show that Kanu is in army custody. According to Kehinde “the press statements by director of operations ( Army) and the Vice President were presented by the plaintiff counsel to deceive the court.” He also added that the doctrine of last seen is not available or relevant to Kanu case.

The Chief of Army Staff Lt.-Gen.Buratai has said in the affidavit deposed by Col A.A.Yusuf that soldiers chased a truck laden with weapons into a house said to belong to the leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu’s father in Afara-Ukwu Ibeku, Umuahia, Abia State, on September 14,

Gen. Buratai said owners of the truck detonated the explosives on the day Kanu was last seen in public.

He said the suspects’ intention was to frustrate the move to arrest them by the troops .

He said: during “a peaceful movement” which was part of the “Operation Python Dance II” on September 14, some soldiers saw a truck and flagged it down, but the truck and its occupants ran over Army’s barricade and defied soldiers’ order stopping them to be searched.

He said the soldiers pursued the fleeing truck, loaded with arms and ammunition, into a compound.
Buratai said the compound turned out to be the one Kanu later claimed, in the suit, to belong to him and his father.

He said soldiers, who pursued the truck into Kanu’s father’s house, did not fire any shot but that the occupants of the fleeing truck deliberately ignited the ammunition in the truck.

“It was the legitimate attempt by the officers and men of the Nigerian Army to arrest the fleeing occupants of the truck and impound the truck that precipitated the deliberate igniting of the ammunition in the truck by persons now believed to be IPOB members.

“The act of the IPOB members resulted in sporadic explosions within the said applicant’s compound.
“The applicant (Kanu) is not and has neither being in our custody nor in the custody of any person, officer or institution receiving instruction directly or indirectly from him.

“The applicant was not at any time whatsoever arrested, taken into custody or detained by the Officers and men of the Nigerian Army.

“The officers and men of the Nigerian Army did not have any contact whatsoever or confrontation or any operational engagement with the applicant on September 12 or 14, 20l7 or any other date thereafter, contrary to the allegations in the affidavit in support of the application.

Justice Binta Nyako after listening to the submission fixed December 13 for ruling.

Andrew Orolua