The Federal Government has replied an application filed by Senator Enyinnaya Abaribe seeking to withdraw as one of the sureties of leader of the Indigenous People of Biafra, Nnamdi Kanu.
- Abaribe had stood as one of the sureties for Kanu after he was granted bail.
- Nnamdi Kanu had disappeared after the Nigerian army allegedly invaded his residence in Abia State.
- Kanu was absent in court recently during the hearing of his trial.
- Ababaribe had informed the court of his motion seeking to withdraw as Kanu’s surety.
- The court however asked him to produce Kanu or forfeit his N100m bond.
The FG’s counter-affidavit:
But in its counter-affidavit and written address filed before the Federal High Court in Abuja, the Federal Government said Kanu was in Abaribe’s custody.
It said Kanu “has long violated the bail conditions handed down by this honourable court”.
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 aided 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.”