The Federal High Court in Abuja on Thursday ordered the arrest of the leader of the Indigenous People of Biafra, Nnamdi Kanu, and directed that his trial on charges of treasonable felony would proceed in his absence.
Justice Binta Nyako, who made the order relied on the provisions of section 352(4) of the Administrative of Criminal Justice Act, 2015.
She held that Kanu had failed to appear in court since April 25, 2017, without any reasonable explanation.
Her order was sequel to an earlier oral application by the lead prosecuting counsel, Mr. Magaji Labaran urging the court to make an orders to that effect.
Counsel to Kanu, Mr. Ifeanyi Ejiofor, who opposed Labaran’s oral application asked the court for more time to explain his client’s absence by filing all necessary papers.
According to him, Kanu’s disappearance was as a result of the invasion of his home in Afara-Ukwu near Umuahia, Abia State, by soldiers during military’s ‘Operation Python Dance II’ staged to quell agitation for a Republic of Biafra.
Justice Nyako overruled the objection pointing out that she had in a judgment on a civil suit filed by Kanu, held that there was no nexus between the said military invasion and the IPOB leader’s disappearance.
She also held that the request for explanation of the defendant’s absence in court was belated.
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She further held that Kanu had violated the conditions and terms of the bail granted him, and that the three persons who had guaranteed his bail had applied to the court to withdraw their suretyship because they could not account for his whereabouts.
Noting that she had given more than enough time to counsel for the defendant to produce him in court, Justice Nyako said, “Therefore, by virtue of section of section 252(4) of the Administration of Criminal Justice Act, 2015, the only option open to do is to order that the trial will continue in his absence. Also in the absence of any reasonable explanation for his absence, I hereby revoke his bail and order that a bench warrant be issued for his arrest.”
She fixed June 18 for trial to commence with or without Kanu’s presence in court.
But she adjourned indefinitely, the suretyship proceedings of Kanu’s sureties, who had applied to withdraw their suretyship.
The judge made the order of indefinite adjournment after Mr. Chukwuma-Machukwu Ume (SAN), the lawyer representing one of the sureties, Senator Enyinnaya Abaribe, informed the court that his client had appealed against the November 14, 2018 ruling ordering the sureties to forfeit their bail bonds.
