Senator Enyinaya Abaribe, from Abia state and two other people have been given till June 26 to produce leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu in court, or risk going to jail.
The ultimatum was handed down at a federal high court sitting Abuja, yesterday to enable Abaribe, Immanuel El-Shalom, a Jewish high priest, and Tochukwu Uchendu, a chartered accountant, who stood surety for Kanu to produce him in court or risk jail.
Justice Binta Nyako, fixed the date after the court had ordered the prosecution to serve the sureties with an earlier order of court.
The earlier court order directed the sureties to appear in court and either explain the whereabouts of Kanu, or show cause why they should not forfeit their N100 million bail bond.
At the resumed hearing yesterday, counsel to the sureties pointed out that the said court order had not been served to his clients, hence they are unable to prepare their defence.
Chukwuma Umeh, counsel to Abaribe, whose submissions were adopted by the others said, “I apply that the proper thing be done, that is for a summon to be issued and served on the sureties for them to show cause why their bail bond should not be forfeited.”
“The prosecution ought to have taken further steps to obtain an enroll order and serve on them. This is because a court order that is not served cannot be used against the sureties as it is not binding on them until it is served.”
The prosecuting counsel, Shuaibu Labaran however, prayed the court to discountenance the submissions and go ahead with the business of the day. Labaran said the business of the day was for the sureties to prove why they should not forfeit their bail bond.
Delivering a brief ruling however, Nyako ordered that the sureties be served with an enroll order of the court to show cause why their bail bonds should not be forfeited.