Chukwuemeka Njoku, Abuja
Embattled Senator Eyinnaya Abaribe has headed to the Court of Appeal, Abuja, to seek redress following an order made by Justice Binta Nyako on November 14, 2018, that he and two other persons who stood as sureties to secure bail for Nnamdi Kanu, the self acclaimed leader of Indigenous Peoples of Biafra, should deposit N300million bail bond into the court’s account. The two other sureties are Ben Elshalom, a Jewish priest, and Tochukwu Uchendu.The sureties had signed a bail bond of N100million each to secure the release of Kanu on bail on April 25, 2017.However, since the invasion of Kanu’s home in Abia state in September, 2017, during a military operation code named, “Operation Python Dance ll”, the embattled IPOB leader has not been seen again. After several adjournments occasioned by the inability of Nnamdi Kanu to appear in court to face trial, on March 28, 2018 Justice Nyako, in a ruling on an application by the prosecution counsel, ordered the sureties to either produce the defendant in court, risk arrest or forfeit the bail bond. At the appellate court, Abaribe is praying for an order relieving him of his earlier position as a surety to the Kanu. Abaribe has described his continuous standing as surety for Kanu as illegal, and therefore asked the Court of Appeal to set aside the November 14, 2018, order of the Federal High Court in Abuja.The amended notice of appeal and a brief of argument were filed onbehalf of the senator by his counsel, Chukwuma-Machukwu Ume (SAN).The appellant relied on Sections 55, 165(3), 167(3) and 488 of the Administration of Criminal Justice Act (ACJA) and other provisions of the constitution.In the amended notice, the appellant is argueing that a public officer such as a senator was legally exempted from standing surety for a suspect.Umeh blamed the Federal High Court for making a senator to be part of the sureties Kanu must present in April 2017.“The honourable trial court failed and or refused to take judicial notice” of the relevant provisions of the ACJA and the Nigerian constitution.”Thus, the trial court had not done the needful under the law, otherwise, it would have found that by law, the appellant (a senator) is legally exempted from giving security for the good conduct or behaviour of a suspect.”It is trite law that where a valid Act or law clearly states something, it is not within the powers of the court to go contrary to it.”We can see therefore that the involvement of Senator Abaribe in the whole bail and surety quagmire was invalid from the beginning”, Ume said. In the appeal, Abaribe is contending that the Federal High Court on its own, made “an order of interim forfeiture without considering or evaluating” all the applications filed before it by the sureties.He added that the trial court acted without jurisdiction when on its own, it made an interlocutory order that in substance rendered the core issue in the substantive matter a nullity. It would be recalled that on November 14, only one of the sureties, Tochukwu Chudi was in court, while Senator Abaribe and Ben Elshalom, a Jewish Priest were absent. The prosecution counsel, Labaran Shuiabu had told the court that the matter was slated for the three sureties to show cause why they should not forfeit the bail bond. For the record, the prosecution counsel chronicled the genesis of the process which he said started on October 10, 2017, pointing out that since then, the defendant had failed to show up in court for his trial. Consequently, Shuiabu posited that “the coast is clear for the sureties to appear today and now to show cause why the N100m bail bond they signed should not be forfeited. Reacting, Chukwuma Machukwu Umeh SAN, counsel to Abaribe informed the court that the senator went on an oversight function with the Senate committee on Niger Delta.Interjecting, the court noted that Abaribe should have come to court because according to Justice Nyako, “a member’s absence cannot affect the work of the committee. Apparently not happy with the excuses given by Chukwuma Machukwu Umeh SAN, counsel to Abaribe and Aloy Ejimakor, counsel to the Jewish Priest, as to why the surties were not in court, Justice Nyako decided to make the interim order for the bond to be deposited in the account of the Federal High Court within two months.
