JUSTICE Binta Nyako of the Federal High Court, Abuja on Wednesday ordered Senator Eyinanya Abaribe and two others who stood sureties for the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to temporarily forfeit their N100 million bail bond each.
Justice Nyako also ordered that the N100 million bail bond should be converted into cash and deposited with the registrar of the court.
The court ordered that the money should be paid within two months from the day the order was made and would be permanently forfeited if after six months, the sureties are unable to produce the IPOB leader in court to face his trial.
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The order of the court followed the absence of Senator Abaribe and Tochukwu Uchendu, an Abuja based chartered accountant. who are the first and third sureties to Kanu.
When the case came up on Wednesday, counsel to the first surety, Chukwuema Machukwu Umeh (SAN) informed the court that Abaribe was not in court because he had gone on oversight function.
Also, counsel to the third surety, K. C. Chude informed the court that his client could not make it to court because he was ill.
This infuriated the judge who noted that the sureties were taking the court for granted and threatened to issue bench warrant against the sureties because “they are taking the court for a ride”
Justice Nyako however noted that Abaribe’s absence will not have affected the oversight function of the Senate, if he chooses to honour the the order of the court.
She said the applications of the sureties to opt out will not succeed, until they produce the IPOB leader in court.
Counsel to the second surety, Alloy Ejiamakor, in his submission had prayed the court for opportunity to give evidential evidence why the sureties were unable to produce the defendant in the spirit of fair hearing.
According to him, the order of the court for the sureties to show cause is for them to be heard.
The matter was adjourned to March 28, 2019 for continuation.
Recalled that following Nnamdi Kanu’s continued absence to face his trial, the court ordered the sureties to produce him or risk jail term
The sureties were to appear in court yesterday to show cause why they would not also forfeit the N100 million bail bond made on behalf of Kanu, who is now at large, during the next hearing on June 26.
The court had in April, 2017 released Kanu on health grounds to Abaribe, Jewish High Priest, Immanuel- Shalom and an Abuja based chartered accountant, Tochukwu Uchendu as sureties on a bail bond of N100 million each.
But Kanu’s whereabouts has remained unknown since a military operation in his residence in Umuahia, Abia State in September 2017.
Following Kanu’s disappearance, the court in February separated the trial of Bright Chimezie, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, who were charged with treasonable felony, illegal importation of radio transmitter, and unlawful possession of firearms alongside Kanu.
Hearing in their matter could not go yesterday at the instance of the prosecution.
When the matter was called, the prosecution counsel. Shuaibu Labaran told the court that prosecution witness was not in court to give evidence and asked for a short adjournment.
Consequently, the court adjourned the matter to 26th of March, next year.
and then