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Nnamdi Kanu is in Abaribe’s custody, FG tells court
|Nnamdi Kanu is in Abaribe’s custody, FG tells court by Flex: 8:48 am On October 23, 2017|
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 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.”
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.
Abaribe’s lawyer, Ogechi Ogunna, informed the court of the motion by his client seeking to withdraw as Kanu’s surety but the judge said she would not hear it until the senator first produced the missing defendant.
She gave Abaribe and the two other sureties up till November 20 to produce the defendant in court.
Meanwhile, the Indigenous People of Biafra on Sunday insisted that the Federal Government of President Muhammadu Buhari knew the whereabouts of its leader, Nnamdi Kanu.
It asked the government to produce Kanu without further delay in order not to provoke the group to go into armed conflict with the government.
In a statement made available to our correspondent in Awka, Anambra State by the group’s Media and Publicity Secretary, Emma Powerful, IPOB accused Buhari and some leaders in the South-East geopolitical zone of conspiracy of silence on the issue.
The statement read, “We are asking Maj.-Gen. Muhammadu Buhari, Nnia Nwodo and South-East governors to produce Nnamdi Kanu because they or their representatives all participated in countless meetings in Abuja and Enugu where the modus operandi of the genocidal Operation Python Dance II was agreed and ratified.
“It was as a direct result of military invasion of the home of Mazi Nnamdi Kanu and massacre of 28 innocent unarmed civilians with many missing that has led us to once again politely ask that our leader be presented to us dead or alive.
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