Nnamdi Kanu: Court Overrules Federal Government Of Nigeria - Risingsuntv

March 28, 2018, A Federal High
Court Overruled The Federal Government On The Matter Of
Nnamdi Kanu, The Biafran Leader Who Has Been Missing Since September, 2017 When The Nigerian Army Carried
Out Lethal Operations At His Home At Umuahia In Abia
State.

Since Kanu’s Trial Resumed In October Last Year After
The Military Attack, Kanu Has Neither Be Seen Nor Heard
From.


Relying On Army’s Denials Of Holding Kanu, The Federal
Government Has Since Then Claimed That His
Nonappearance At His Trial Was Enough To Revoke His
Bail And Compel His Three Sureties To Forfeit Their
Bonds.


Conversely, The Lawyers To The Sureties Had
Consistently Advanced The Argument That The Issue Of
The Military Invasion Had To Be Considered First Before
The Issue Of Breach Of Bond Or Kanu’s Trial Can Ever
Arise. But Till This Last Hearing, Counsels Have Never
Had Sufficient Opportunity To Fully Present Their
Arguments.


On February 20, 2018 When The Matter Came Up For
Further Mention, Justice Binta Nyako Of Federal High
Court Abuja Agreed To Severe Kanu’s Case From That Of
His Co-defendants, Which Then Set The Stage For
Treating Kanu’s Case Separately And Perhaps Properly.
On March 28, When The Case Came Up For A Resumed
Hearing, The Attorney General Of The Federation Yet
Again Strongly Argued For Revocation Of Mazi Kanu’s
Bond And Issuance Of Bench Warrant Against Him.
The AGF, Who Was Represented By Bar.
Shuaibu Lanaran,
Further Argued That Kanu’s Sureties ‘did Not Deserve Any
Hearing On The Matter, But Must Produce Kanu Or Face
Sanctions’.


In Opposition, Counsels For The Three Sureties Jointly
Argued That A Forfeiture Proceeding First Requires An
“enrolled” Show Cause Order Before Any Issue Of
Revocation Or Bench Warrant Can Arise.

The Lawyers Told The Court That Their Clients Are Yet To
Be Served With Such Order And Thus The Matter Cannot
Be Said To Be Properly Before The Court. Counsels Cited
Pertinent Statutory And Judicial Authorities.


In A Counter-argument, The AGF Alleged That The
Lawyers Have “conspired” To Raise Technical Defenses
To The Matter, Whereupon The Court Immediately Took
Exception To The Remark And Ordered Labaran To
Apologize To The Lawyers, Which He Did Promptly And
Profusely.


In The End, Justice Nyako Agreed With The Submissions
Of The Lawyers For The Sureties And Ordered The AGF To
Properly And Timely Serve The Sureties With An Order To
Show Cause In Compliance With The Rules Of Procedure.


The Next Hearing Is Scheduled For June 26, 2018, When
Lawyers For The Sureties Will Have The First Opportunity
To Introduce Direct Evidence Of The Army Invasion Of
Kanu’s House, Which Has Been Said To Be The Proximate
Cause Of His Disappearance. If The Court Upholds Their
Argument, Nigerian Army May Be Cited For Contempt And
That Alone Is Likely To Affect The Course Of The Trial In
Kanu’s Favor.


It Will Be Recalled That Mazi Nnamdi Kanu Was Taken On
Bail Last Year On The Bond Of N100 Million Each Provided
By Senator Enyinnaya Abaribe, Jewish Rabbi Immanu El
Ben Madu And Tochukwu Uchendu, An Accountant.

The Sureties Were Represented In Court By Barristers Aloy
Ejimakor, Chukwuma Machukwu Umeh (SAN), And FC
Chude.
–
NAN