Abaribe Released From SSS Detention Facility In Abuja

                        Victory for Nnamdi Kanu & 

                      IPOB as Court orders FG to

              Respond to surety’s motion

Victory for Nnamdi Kanu & IPOB as Court orders FG to 

respond to surety’s motion

-Abaribe released from SSS detention facility in Abuja

June 26, 2018

From Duncan Odey

At the resumed hearing in Abuja today (June 26, 2016) on the bail bond forfeiture order to show cause made against Nnamdi Kanu’s sureties, the Federal High Court ordered the Attorney General of the Federation to respond to an application challenging the court’s jurisdiction filed by Barrister Aloy Ejimakor on behalf of the second surety to Mazi Nnamdi Kanu, the missing leader of IPOB.

Aloy Ejimakor is representing Emmanuel Shalom Ben Madu, the Jewish high priest who together with Senator Enyinnaya Abaribe and Tochukwu Uchendu stood surety to Kanu. Abaribe’s lawyer, Chukwuma Ume (SAN) had stood in court and aligned himself with Barrister Ejimakor’s Preliminary Objection to jurisdiction.

A summary of Barrister Ejimakor’s argument is that before the court can decide on sureties forfeiting their bail bonds, they are “entitled, as a matter of law, to be put on Notice or served with the evidence used in obtaining the order to show cause before they (the sureties) can be required to produce evidence to contradict it.

Ejimakor cited Section 179(1), Administration of Criminal Justice Act which provides that: “Where it is proved to the satisfaction of the court by which a recognizance has been taken or, when the recognizance bond is for appearance before a court and it is proved to the satisfaction of the court that a recognizance has been forfeited, the court shall record the grounds of proof and may call on any person bound by the bond to pay the penalty thereof or to show cause why it should not be paid”.

Continuing on above premise, Barrister Ejimakor argued “that given that the recognizance at issue here is for appearance of the Defendant, it lies with the Complainant (the Federal Republic of Nigeria) to have proved to the satisfaction of this court that the recognizance has been forfeited. Applicant is neither aware that Complainant ever filed said proof, nor aware that this Honorable Court recorded the grounds of said proof thereof”.
After hearing the oral submissions of counsel, Justice Binta Murtala-Nyako adjourned the case to November 14, 2018 and ordered that the AGF should respond well ahead of time to afford all parties the opportunity to file any counter reply.

What this means in effect is that Attorney General of the Federation and by extension the Nigerian Army, must first account for what happened at Kanu's residence on the 14th of September 2017 that led to his non-appearance in court and subsequent disappearance, before any surety can be compelled to forfeit his bond. The Nigerian law is clear on this aspect of bond forfeiture procedure which the government had hoped to circumvent by intimidating Senator Abaribe. Effectively, from the next adjourned date in November the Nigerian army will be on trial for Nnamdi Kanu’s whereabouts.

The Biafra Times

PERFECTION OF THE BAIL CONDITIONS OF NNAMDI

 KANU'S CO-DEFENDANTS, 

ON THE FINAL STAGE

PERFECTION OF THE BAIL CONDITIONS OF NNAMDI KANU'S CO-DEFENDANTS, ON THE FINAL STAGE

June 27, 2018

At the Federal High Court, Abuja, barely 48 hours sequel to the bail grant of Nnamdi Kanu's Co-defendants, hardcore IPOB family members trooped down (in excess) to apply for the suretyship of the quartet defendants, Bright Chimezie, Chidiebere Onwudiwe, Benjamin Madubugwu, and David Nwawuisi, respectively. All of whom were released, on bail, from pre-trial detention.

All formal procedures are sequentially being notarized and subscribed.  We are now on the consummation of the bail bond(s) - the financial responsibility.

STAY TUNED FOR MORE DETAILS

Chukwuemeka M Chimerue  and Chikwas Onu Ikpe
[The Biafra Times Correspondents]

Abaribe: What Suswam 

Told Me In DSS Custody

Enyinnaya Abaribe, senator representing Abia south, says he met Gabriel Suswam, former governor of Benue state, while in custody of the Department of State Services (DSS).

Abaribe said this on the floor of the senate today Wednesday while explaining his recent ordeal.

This is the first time the senator would be speaking publicly after he was arrested and released by the secret police.

On June 22, the lawmaker was arrested for allegedly sponsoring the proscribed Indigenous People of Biafra (IPOB). He spent four days in detention.

“On Friday 22nd of June I was arrested at the gate of the Hilton hotel while the International Press Institute congress was going on. I was taken to the office of the DSS by 11:30 in the morning and subsequently by 5pm I was taken to my house for a search of my residence. When we got to my house, it was at the point I was formally informed of why I was arrested,” Abaribe said.

“The search warrant that was used stated clearly that I’m being accused of sponsoring a proscribed organisation, IPOB, and so that the search was to look for evidence of such.

“After the search, which took about five to six hours, I was taken to the office of DSS about 12 midnight and now kept there. The late musician that Nigerians know very well called Fela said ‘when you are inside, you are in inside world, when you are outside, you are in outside world’.

“So when I was the inside world, the first person that received me and who helped my transition from freedom to incarceration was the former governor of Benue state, governor Gabriel Suswam. He had been arrested on Tuesday, I was arrested on Friday. As at the time I was released last Tuesday, he told me he had not been told why he was arrested.”

Abaribe also said he had been reporting to the DSS headquarters since the court granted him bail.

The fiery lawmaker vowed not to be cowed into silence, disclosing his plan to challenge the action of the DSS in court.

“Let me also say Mr President that nothing has been found on the allegation that was made. Up till this moment, I am still on bail, administrative bail by the DSS and so every morning, I have to report to the DSS but these things are going to be challenged [in court]. What everybody has asked me is that where do we go from here?” he said.

“I want to crave your indulgence to tell every Nigerian where I want to go. I will do it by giving you Mr President and my distinguished colleagues, a quotation from the 26th president of the United States of America, Theodore Roosevelt.

“That quotation reads ‘patriotism means to stand by the country, it does not mean to stand by the president or any other public official, same to the degree to which a president stands by the country. It is patriotic to support a president if so far as he efficiently serve the country.

It is unpatriotic to not to oppose a president whose fails to stand by his duty to do well for the country. And it is unpatriotic not to tell the truth whether about the president or anyone else.’

“I will continue to tell the truth, I will continue to stand by this country, I will continue to say that no person is bigger than this country.”

On his part, Senate President Bukola Saraki said the ordeal of Abaribe is a sacrifice he had to make to deepen democracy in the country.

“Senator Abaribe we are all happy to see that you are back. Unfortunate situation, we hope that things will be restored to normal as the issues concern you. It is one of these sacrifices we all have to make in deepening our democracy,” Saraki said.

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