Chairman, South-East Senate Caucus, Senator Enyinnaya Abaribe, PDP, Abia South said yesterday that they have already filed a motion asking to be discharged from the case involving the leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu.
Responding to the ruling by the Federal High Court in Abuja, ordering Senator Enyinnaya Abaribe, a Jewish High Priest, Emmanu El-Shalom Oka Ben Madu, and an accountant, Tochukwu Uchendu, to appear before it on November 20 to explain the whereabouts of Nnamdi Kanu, Senator Abaribe told newsmen that he does not know the where- abouts of Kanu since the invasion of his house by the military.
In his reaction, Abaribe said, “the court gave three options, produce Kanu, forfeit the bail bond and take more time to produce him. The lawyer took option three, that is to take more time to produce him to be able to confer with me since none of us sureties were in court.
The Senator representing Abia South Senatorial District, Enyinnaya Abaribe, has applied to the court to be discharged from the suretyship bond and cognizance of the bail of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
In an application filed against the Federal Government, Nnamdi Kanu, and his co-defendants, Abaribe is asking the court to make an order discharging him as surety.
He is also asking for a discharge of the bond used for Kanu’s bail and a refund of N100million or any other bond paid to the court sequel to the bail.
The grounds upon which Abaribe sought the reliefs include that the Nigerian Army during a raid at the residence of the IPOB leader, engaged in a fracas with members of the group which has been proscribed by the Federal Government.
Abaribe said since the raid by the Nigerian Army, the first defendant has not been seen or reached.
He also said Kanu is yet to make any public appearance or any statement since the raid.
The senator said: “Since the afore stated visit of the Nigerian Army to the residence of the first defendant on September 11, 2017, the second respondent in this suit has not been seen again nor reached on phone the applicant neither is he reported in any news media as seen by any person nor made any statement on any issue.”
Abaribe said since September 20, the report in the media is that the first respondent (Federal Government) has proscribed IPOB; an organisation led by Kanu and declared the organisation a terrorist organisation.
He said security agencies of the Federal Government are interested in the second respondent.
“The activities of the Nigerian Army as affecting the first respondent are matters of state secret incapable of being unravelled by the applicant which activities has put the second respondent out of the reach of the applicant such that the applicant cannot reasonably be expected to produce the second respondent before this court at any subsequent date.
The applicant lacks capacity to produce a person stated by the first respondent to be a member of a terrorist organization or any person who the first respondent is reported to be interested in his whereabouts in the aftermath of the military operation in Abia State,” Abaribe said in his application.
Abaribe, a Jewish Rabbi and traditional ruler stood as surety for the IPOB leader in August when he was granted bail by Justice Binta Nyako of the Federal High Court.
The surety and bond of N100million each which was made available by Abaribe and the two others helped in the release of Kanu from the Kuje Prison in Abuja where he was being held for over a year.
Kanu and his co-defendants, Benjamin Madubugwu, David Nwawuisi and Chidiebere Onwudiwe are facing criminal trial of treasonable felony, conspiracy, and concealing of good imported into the country.
While defending his application, Abaribe, yesterday, pleaded with the Federal High Court in Abuja to give him more time to produce the IPOB leader.
Abaribe, who told Justice Binta Nyako, that he had no information about Kanu’s whereabouts, was forced to request for time to produce the defendant in court.
Abaribe’s lawyer, Ogechi Ogunna, who appeared for the senator, yesterday, initially informed the judge that the senator had filed a motion seeking to be discharged as a surety for the defendant.
But the judge in response said the senator had three options.
One of the options was for Abaribe to produce the defendant in court, and then apply to be discharged as a surety.
The other option the judge gave was for Abaribe to be ready to forfeit his N100million bail bond.
The third option †was to ask to be given time to produce the defendant.
But Ogunna replied saying, “He (Abaribe) is not in a position to do any of these.”
However, the judge insisted that Abaribe must opt for one of the three options.
With the judge’s insistence, Ogunna opted to be given time to produce Kanu.
