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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.
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 applicant failed to apply to the court timeously, stating on oath that the defendant bound by recognizance to appear before this court had violated the bail condition given by this court.”
The prosecuting counsel, Mr. Shuaibu Labaran, argued in the written address that Abaribe “failed woefully” by allegedly aiding and abetting Kanu to flout his bail conditions.
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.
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.
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 applicant failed to apply to the court timeously, stating on oath that the defendant bound by recognizance to appear before this court had violated the bail condition given by this court.”
The prosecuting counsel, Mr. Shuaibu Labaran, argued in the written address that Abaribe “failed woefully” by allegedly aiding and abetting Kanu to flout his bail conditions.
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.
