FG says IPOB leader is in Senator Abaribe's custody

The Federal Government has told a Federal High Court in Abuja that missing leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, is hiding with lawmaker representing Abia south senatorial district, Senator Enyinnaya Abaribe.

In a counter to the lawmaker's application filed before Justice Binta Nyako to be discharged as a surety in the bail bond of the IPOB leader, prosecuting counsel, Mr. Shuaibu Labaran, has accused Senator Abaribe of shielding Kanu from the court.

He accused the lawmaker of being slow to withdraw his bail bond particularly after Kanu started to violate his bail conditions before September 11 when Abaribe said they last had contact.

Describing Abaribe's application as 'belated and ill-timed', Labaran accused the lawmaker of aiding and abetting Kanu to violate his bail conditions.

He said, "The applicant failed to apply to the court timeously, stating on oath that the defendant bound by recognizance to appear before this court had violated the bail condition given by this court.

"My lord, the surety has failed woefully to abide by the terms of the contract he entered into with this court and therefore cannot claim frustration.

"My lord, we urge that the court hold, that surety having refused to do what he ought to have done pursuant to section 174 of the Administration of Criminal Justice Act 2015 aided and abetted the 1st defendant in the flouting of the bail conditions of this court and should forfeit the bond he entered into."

The counter-affidavit further dismissed the claims that Kanu is secretly in the custody of the Nigerian government, alleging that only Abaribe can account for his whereabouts.

It read, "That the 1st defendant is not in the custody of the Nigerian military or any other security agency in that regard.

"That the 1st defendant is in custody of the applicant (Abaribe)."

ALSO READ: Abaribe begs court to be discharged as Nnamdi Kanu's surety

Kanu failed to show up for the commencement of his treason trial in Abuja on Tuesday, October 17, 2017 as he has not been seen in public since September 14 after the military's alleged invasion of his father's home in Umuahia.

While his three co-defendants were present in court during the commencement of the case on Tuesday, Kanu's counsel, Ifeanyi Ejiofor, announced the appearance of the IPOB leader, but alleged that he is in custody of the government.

While condemning Kanu's failure to appear as "a grave violation of the order of this court", Mr. Labaran, urged Justice Nyako to revoke his bail and order the three sureties that facilitated his release to "show cause why the bail bond of N100m entered into by each shall not be forfeited or they be committed to prison."

During the court proceedings, Senator Abaribe's counsel, Mr. Ogechi Ogunna, filed an application for the lawmaker to be discharged as Kanu's surety, an application that was turned down by the court.

Justice Nyako said the lawmaker's only options are to either produce the defendant, forfeit his N100 million bail bond or ask for time to produce Kanu.

Senator Abaribe's counsel opted to ask the court for more time to produce the IPOB leader despite claiming in his application that he "cannot reasonably be expected to produce the second respondent before this court at any subsequent date."

The lawmaker has until November 20 when the trial resumes.

Kanu was arrested by the Department of State Services (DSS) in 2015 and he spent two years in custody until he was granted bail on health grounds in April 2017.

ALSO READ: Where's Nnamdi Kanu?

The bail was granted bail by Justice Nyakoon Tuesday, April 25, with Senator Abaribe, Jewish High Chief Priest, Immanuu-El Shalom Okabemadu and a Chartered Accountant resident in Abuja, Tochukwu Uchendu, signing his bail bond.