ABUJA – Justice Binta Nyako has given Senator Abaribe three options to choose from as a surety to Mazi Nnamdi Kanu, the leader of the Indigenous People of Biafra. The Nigerian Army failed to produce the Biafran leader in court yesterday as a result Enyinnaya Abaraibe has found himself between the rock and a hard place.
While Kanu’s laywer Ifeanyi Ejiofor told the court how the army invaded Kanu’s home and killed more than 28 and the subsequent disappearance of his client whom he believed that the Nigerian military are in the best position to know his whereabouts, Justice Nyako demanded to see the sureties.
“Where are the sureties? If you don’t know where your client is, it means the sureties will come and tell us or they also do not know where he is?” demanded Nyako.
At this juncture, the lawyer representing one of the sureties, Senator Enyinnaya Abaribe(Abia South, PDP), Ogechi Ogbonna, Esq., said, “My Lord, speaking from the Bar, my client informed me that he doesn’t have information on the whereabouts of the first defendant since the military operations in Abia state and he has even filed an application pending before My Lord to be discharged.
“My Lord, there is a challenge. It is not really the responsibility of the surety to produce the person taken on bail, he should not be accorded that responsibility. However, circumstances that had prevailed is making the performance of that duty impossible and very impracticable.”
In her response, Justice Nyako stated that Sen. Abaribe must produce the first defendant in court and then ask for his severance or withdrawal of the surety-ship otherwise, he risks the forfeiture of his bail bond.
According to her; “It can only be discharged if he has produced him(Kanu) in court, that can be done only of the defendant is standing here.
“Irrespective of what the situation on the ground is, he(Abaribe) remains the surety until the defendant appears in court and until he produces him, he cannot escape from the suretyship, otherwise, he forfeits his surety bond. Is he ready to do that?
“Whatever motion you have filed still boils down to what I have asked you. It’s either he forfeits the surety until the defendant is here and he says:
Scenario 1: I have produced him, I now want to wash my hands off him, let him look for another surety, which means his bail is no longer perfected, which means he is going back to the prison custody until he perfects the bail surety. That is scenario 1.
Scenario 2: I don’t know where he is, I cannot find him and I cannot guarantee when I’ll find him, please take my bail bond.
Scenario 3: give me time to produce him, that’s scenario 3 for you.”
The surety’s lawyer opted for option 3 to fetch and produce the first defendant(Nnamdi Kanu) in court during the next adjourned date.