ABUJA—Senator
Enyinnaya Abaribe who was one of the three persons that stood surety for the
‘missing’ leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu,
has
applied for damages against the Nigerian Army.
Abaribe is
urging trial Justice Binta Nyako of the Federal High Court in Abuja to compel
the Chief of Army Staff, Lt-Gen. Tukur Buratai to pay N10million to him for the
psychological trauma he has gone through following extra-judicial self-help
actions of the Army he said led to Kanu’s dissapearance. He equally applied for
an order compelling Buratai to offset all expenses he incurred in the cause of
the trial of the IPOB leader. The lawmaker had on October 17 prayed the court
to revoke the undertaking he took on behalf of Kanu and discharge him as a
surety in the matter. He told the court that the Nigerian Army had in the
course of military operations in Abia State from September 11, visited Kanu’s
residence, adding that it was reported in the media that there was shooting and
fracas during the visit. He said: ”Kanu has not been seen again nor reached on
phone by the applicant, neither is he reported in any news media as seen by any
person, nor made any statement on any issue.” Abaribe told the court that he
“lacks capacity to produce a person stated by the 1st Respondent to be a member
of a terrorist organisation, or any person whom the 1st Respondent is reported
to be interested in his whereabouts including the aftermath of the military
operations in Abia state which commenced about 11th September, 2017.”
Specifically, Abaribe is praying the court for, “An order of this honourable
court discharging the applicant as surety of the 1st/2nd respondent, and
discharging the recognizance entered into by the applicant, and to discharge
the applicant from the entire incidence of the bail of Nnamdi Kanu- the 1st
defendant/2nd respondent in charge No. FHC/Abj/CR/383/2015: Federal Republic of
Nigeria v Nnamdi Kanu, Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawisi.”
However, following a counter-affidavit that was filed by the federal
government, Justice Nyako maintained that Abaribe must firstly produce Kanu
before he could be allowed to withdraw as a surety in the case. Meantime, the
matter could not proceed as scheduled on
Monday owing to absence of the trial
Judge who however directed the court registrar to give the parties December 5
return date. Eventhough Kanu was not available for continuation of his
trial, Abaribe had deposited N100m as part of the bail conditions, was however
in court. In his fresh motion, Abaribe prayed for, “An order of the court
compelling the Chief of Army Staff, on failure to produce 1st defendant/2nd
respondent, to pay to the court the sum in the bail bond earlier executed by
the applicant on behalf of 1st defendant/2nd respondent. “An order of the court
compelling the Chief of Army Staff to produce 1st defendant/2nd respondent
before the court and or to explain to the satisfaction of the court the
circumstance surrounding his whereabouts.
Vanguardngr
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