The federal high court, Abuja, on Wednesday, adjourned till
June 26 to enable Enyinaya Abaribe, a Peoples Democratic Party (PDP)
senator from Abia state and two others to produce leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu in court.
Abaribe,
Immanuel El-Shalom, a Jewish high priest, and Tochukwu Uchendu, a
chartered accountant, who stood surety for Kanu are to produce him in
court or risk jail.
Binta Nyako, the trial judge, fixed the date
after the court had ordered the prosecution to serve the sureties with
an earlier order of court.
The order demanded the sureties to
appear in court and explain the whereabouts of Kanu or show cause why
they should not forfeit their N100 million bail bond.
At the
resumed hearing, counsel to the sureties observed that the court order
had not been served to his clients to enable them to prepare their
defence.
Chukwuma Umeh, counsel to Abaribe, whose submissions were
adopted by the others urged the court to direct that an enrol order be
issued and served on his client by the prosecution.
He said this was in the spirit of fair hearing as enshrined in section 36 of the 1999 constitution.
“I
apply that the proper thing be done, that is for a summon to be issued
and served on the sureties for them to show cause why their bail bond
should not be forfeited,” he said.
“The prosecution ought to have
taken further steps to obtain an enroll order and serve on them. This is
because a court order that is not served cannot be used against the
sureties as it is not binding on them until it is served.”
The
prosecuting counsel, Shuaibu Labaran, prayed the court to discountenance
the submissions and proceed with the business of the day.
He said the business of the day was for the sureties to show cause why they should not forfeit their bail bond.
In
a brief ruling however, Nyako ordered that the sureties be served with
an enroll order of the court to show cause why their bail bonds should
not be forfeited.
Part of the ruling was that in the alternative, the sureties should produce Kanu in court or go to prison.
The
prosecution had in an application asked the court to order the three
sureties to produce Kanu following his failure to appear in court after
he was granted bail.
Kanu is facing a four-count amended charge preferred against him and four others, whose trial had since been separated from his.
In a ruling on April 25, 2017, Nyako had admitted Kanu to bail after he spent over one year in detention.
Abaribe
and the two others entered an undertaken to produce Kanu before the
court to face his trial by standing as sureties for him.
Kanu had
since then not attended the trial and his counsel, Ifeanyi Ejiofor,
insisted that the whereabouts of the proscribed IPOB leader remained
unknown after the military attacked his hometown in Abia in 2017.