Efforts by Senator Eyninnaya Abaribe to free himself as a surety to the leader of the Indigenous People of Biafra, Nnamdi Kanu, whose whereabouts is unknown, yielded no meaningful result on Tuesday.
Justice Binta Nyako of the Federal High Court, Abuja held that he can only be freed when Kanu is produced in court.
Senator Abaribe and two others, Immanuel Shalum Okabenmabu and Tochukwu Uchendu, had stood as sureties for the leader of the recently proscribed IPOB group, who is standing trial for alleged treasonable offence.
Kanu, who was granted bail by the judge on April 24, 2017, was not present in court on Tuesday when his trial was slated to commence. His three co-defendants were however produced in court by prison officials.
Kanu’s lawyer, Mr. Ifeanyi Ejiofor, had on Tuesday informed the presiding judge that his client had been missing since Nigerian soldiers allegedly invaded his home on September 14, 2017. He urged the judge to ask the Nigerian Army, who according to him is in the best position to produce Kanu, his whereabouts.
Justice Binta Nyako, however ordered Senator Abaribe and the two other sureties to explain the IPOB leader’s whereabouts.
In his response, counsel to Abaribe, Mr. Ogechi Ogunna, told the judge that his client had filed a motion seeking to be discharged as Kanu’s surety.
Justice Nyako, ruling on the motion, told Abaribe that his prayer could not be entertained until Kanu is produced in court.
Following this, she gave Abaribe three options, first to produce the defendant in court and then apply to be discharged as a surety; second, to be ready to forfeit his N100m bail bond and lastly, to request to be given time to produce the defendant in court.
Counsel to Abaribe in his response said that the senator was “not in a position to do any of these.”
After the judge insisted that Abaribe must go for one of the three options, Ogunna opted to be given time to produce Kanu.
Okabenmabu and Uchendu, the two other sureties, were neither in court nor were they represented on Tuesday.
Meanwhile, the prosecuting counsel, Mr. Shuaibu Labaran, had earlier urged the judge to revoke Kanu’s bail and order for his arrest since he was not present at the court.
He also prayed the judge to direct the defendants’ three sureties “to show cause why the bail bond of N100 million entered into by each shall not be forfeited or they be committed to prison.”
The trial continues on November 20.
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