By Chukwuemeka Chimerue,
The Biafra Times
11th January 2019
ABUJA— Senator representing Abia South, Eyinnaya Abaribe has approached the Court of Appeal sitting in Abuja to relieve him from standing as surety for the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
According to the Senator, standing as surety to the IPOB leader is against the law and this he has informed the court in a fresh application tendered by his lawyer yesterday.
Abaribe, in an amended seven grounds notice of appeal filed by his lawyer, Chukwuma-Machukwu Umeh (SAN), urged the appellate court to alleviate him of the position of surety for Kanu.
In the document made obtainable to journalists in Abuja yesterday, Abaribe additionally requested the Appeal Court to put aside the November 14, 2018 order of the Federal High Court in Abuja which gave him and two others a two-month ultimatum to pay N100m bail bond for their incapability to provide the Biafran activist.
Recall that Justice Binta Nyako of the Federal High Court in Abuja, had in her November 14, 2018 ruling, held that Abaribe and two other sureties – Tochukwu Uchendu and Immanu-El Shalom Oka-Ben Madu – owed the court the responsibility of producing Kanu, whose absence since 2017 has halted his trial on charges of treasonable felony.
But the Senator had additionally filed a brief of argument to challenge the Federal High Court’s decisions.
Relying on sections 55, 165(3), 167(3) and 488 of the Administration of Criminal Justice Act, and other provisions of the constitution, Ume argued public officer akin to a senator was legally exempted from standing surety for a suspect.
The Senator’s lawyer blamed the Federal High Court for making a senator to be a part of the sureties Kanu should present in April 2017.
Umeh mentioned, “The honourable trial courtroom failed and/or refused to take judicial discover” of the related provisions of the ACJA and the Nigerian structure.
“Thus the honourable trial court had not accomplished the needful below the legislation, in any other case it might have discovered that by legislation, the appellant (a senator) is legally exempted, ab initio from giving safety for the nice conduct or behaviour of a suspect.
“It is trite legislation that the place a legitimate Act or legislation clearly states one thing, it’s not inside the powers of the courtroom to go opposite to it.
“We, subsequently, can see that the involvement of Senator Abaribe in the entire bail and surety quagmire was invalid, ab initio.”
Abaribe and two others had stood as sureties for Kanu earlier that he was granted bail by the Federal High Court in Abuja on April 25, 2017.