One of the three persons who stood as a surety to secure bail for the leader of the Indigenous People of Biafra, Nnamdi Kanu, Tochukwu Uchendu, has filed an application demanding the arrest of the IPOB leader.
The two other sureties are Senator Enyinnaya Abaribe and Ben Elshalom, a Jewish priest.
At Monday’s proceeding, Abaribe and the two others were told to produce the IPOB leader or go to jail.
The motion on notice was brought pursuant to Section 174(A) and (B), 177, and 179 of the Administration of Criminal Justice Act 2015, and Section 36I and 6(6) of the 1999 Constitution as amended.
The motion filed by Frank Chude on behalf of Uchendu is seeking “an order directing the Nigerian Police to Arrest and produce Nnamdi Kanu before the court.”
Uchendu also wants an order suspending his obligation on the bond until the whereabouts of Kanu is established.
Uchendu predicated his motion on the grounds that the court had granted the 1st defendant (Kanu) bail on the 25th day of April, 2017.
He pointed out that while Kanu was on bail; he had a confrontation with the military, an arm of the state, and “that since then his whereabout is unknown and he has not being seen”.
An affidavit deposed to by Uchendu, stated that after the invasion of the residence of Kanu by the Nigerian Army on September 14, 2017, he has not been seen in the public since.
“I am unable to communicate with the 1st defendant and his whereabout unknown to me.
Uchendu averred that Kanu had brought an application before this court seeking an order of habeas corpus for him to be produced in suit no. FHC/ABJ/CS/908/17.
“That Kanu has not been seen in public since the 14th day of September, 2017, when the agents of the state (soldiers) invaded his house in Isiama Afaraukwu, Abia State.
“That the invasion of Kanu’s home on 14th September by the military has ostensibly frustrated his bail and made it impossible for me to bring him to court as stipulated by the terms of the bail.
Uchendu therefore pleaded the court not to punish him for the unforeseen circumstances created by the Nigerian soldiers which has practically frustrated his duty as surety.
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