By Ameh Ejekwonyilo
Justice Binta Nyako of the Federal High Court, Abuja, has ordered Senator Enyinnaya Abaribe to produce the missing leader of the banned Indigenous People of Biafra (IPOB), Nnamdi Kanu, in cpurt on March 28, 2018.
Abaribe stood surety for Kanu during his trial by the Federal Government for running an illegal association and terror activities.
Kanu has however not be seen since late last year when the soldiers invaded his Umuahia house under Operation Python Dance in the South East region.
The court also approved the separation of the trial of Kanu from that of his three co-defendants.
The IPOB leader, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, are being prosecuted on an amended six-count charge bordering on treasonable felony, terrorism and illegal possession of firearms, preferred against them by the Federal Government.
The separation order was as a result of a request brought by the government’s lawyer, Mr. Shuaibu Labaran.
Labaran had at the resumed trial yesterday sought the guidance of the court as regards further proceedings of the trial taking into account the presence of only three of the defendants in court.
According to him, the absence of the 1st defendant (Kanu) having been granted bail since April last year has frustrated progress in the case.
“We shall be asking for the indulgence of the court to separate the charges so that progress can be made in the matter”, he pleaded.
However, counsel to the 1st to 3rd defendants did not object to the separation of the trial.
Ruling on the application, Justice Nyako agreed with the prosecution that Kanu’s absence since when he was granted bail last year had stalled the trial of the case and consequently ordered that the trial of Kanu be separated from the rest.
Following the ruling of the court, Labaran requested for a short adjournment to enable the prosecution amended the charges to reflect the current position of the trial.
In his submission, counsel to the 2nd defendant, Mr. Eric Ifere, asked the court for a definite trial window and how the case would be conducted to guide counsel in the matter.
Similarly, P.A.N Ejiofor, counsel to the 3rd defendant, urged the court to prevail on the prosecution to ensure that the amendment and service are done on time, to enable them adequately prepare their responses.
The court consequently adjourned till March 20, 21, and 22 for the amended charge to be read to the defendants and continuation of trial.
The court, however, adjourned till March 28 for the 1st defendant to be produced in court or his sureties appear in court to explain the whereabouts of Nnamdi Kanu.
Earlier, prosecution counsel had told the court that the business of the court yesterday was for Abaribe and two other sureties to show cause why they would not forfeit the bond for Kanu’s bail or for the court to take necessary action provided by the law.
He, however, informed the court of a letter from Abaribe’s lawyer seeking adjournment of the matter due to pending appeal the Supreme court.
It would be recalled that the court had on April 25, 2017, granted Kanu bail in the sum of N100m on health ground.
The judge in addition ordered that the defendant produced three sureties with N100m each.
IPOB: Court orders Abaribe to produce Kanu
