Nnamdi Kanu Is Your Palaver, FG Fires Back At Senator Abaribe

The Federal Government has ultimately hung the burden of producing the leader of the Indigenous People of Biafra [IPOB], Mr Nnamdi Kanu on Senator Enyinnaya Abaribe.

The Government’s response followed Senator Abaribe’s application seeking to withdraw as one of the sureties for Nnamdi Kanu.

Describing the application as belated, the prosecuting counsel, Mr. Shuaibu Labaran, filed a counter-affidavit and written address before the Federal High Court in Abuja opposing Abaribe’s request.

The affidavit stated that Kanu is in Abaribe’s custody, hence, it is his burden to produce him in court for continuation of his trial.

It insisted that Abaribe was aware that Kanu “has long violated the bail conditions handed down by this honourable court” on April 24, 2017 before September 11 when he claimed to have lost contact with the defendant.

The counter-affidavit read: “That it was at this point at violating the conditions at the bail that the senator surety ought to surrender the 1st defendant and or bring up this application; “That this application is belated and ill-timed;

“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.”

It also argued in the written address that Abaribe “failed woefully” by allegedly aiding and abetting Kanu to flout his bail conditions.

The written address stated, “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.”

In the meantime, FG has denied that Kanu was not in the custody of the Nigerian Army in its counter-affidavit.

It continued:

“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).”

Kanu was absent from court when his case came up on October 17, 2017.

Abaribe’s lawyer, Ogechi Ogunna had informed the court of the motion by his client seeking to withdraw as Kanu’s surety.

The presiding judge, Justice Binta Murtala-Nyako, however, said she would not hear the motion until the senator first produced the missing defendant.

She gave Abaribe and the two other sureties up till November 20 to produce the defendant in court.

IPOB, meanwhile, had accused the President Muhammadu Buhari-led government of being responsible of Nnamdi Kanu’s disappearance.

It asked the government to produce Kanu otherwise it will be forced to resort to arm to secure his release and advance its course.

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