The Federal Government has replied to Senator Enyinnaya Abaribe’s application seeking to withdraw as one of the sureties for the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, describing the application as belated.
The government, in its counter-affidavit and written address filed before the Federal High Court in Abuja to oppose Abaribe’s request, told Abaribe that Kanu was in his custody and he had to produce him for the continuation of his trial.
It stated in its counter-affidavit 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 in part, “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.”
The prosecuting counsel, Mr. Shuaibu Labaran, argued in the written address that Abaribe “failed woefully” by allegedly aiding and abetting Kanu to flout his bail conditions.
Denying that Kanu was not in the custody of the Nigerian Army, the Federal Government stated in its counter-affidavit that the defendant remained in Abaribe’s custody.
“That the military activities in Abia State tagged ‘Operation Python Dance II’ was a routine exercise in its second year carried out by the military at the end of every year.
“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).”
Kanu was absent from court when his case came up on October 17, 2017, but his co-defendants with whom he was being prosecuted on charges of treasonable felony were produced in court by prison officials.
‘Nnamdi Kanu Has Put Those Who Signed His Bail In Trouble’ – Senator Abaribe
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