The Presidency has said sureties
for leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu risk
imprisonment if he fails to appear in court on adjourned date.
Following a ruling by the Federal
High Court in Abuja granting Kanu bail on April 25, Senator representing Abia
South Senatorial District, Enyinnaya Abaribe, signed the bond for release
of the IPOB leader.
With his next court hearing
coming up in October, the IPOB leader has not been heard from or
seen after a combined team of security operatives invaded his house in
Umuahia, the Abia State capital on September 14.
Commenting on the effect of
Kanu’s failure to appear in court, President Muhammadu Buhari’s Special
Assistant on Prosecution, Okoi Obono-Obla said the court could issue a warrant
of arrest for the IPOB leader.
Speaking with Sunday Telegraph,
Obono-Obla said, “The Federal Government has already filed a motion to set
aside the bail of Kanu.
“Following the military exercise
carried out in Umuahia, Abia State and the subsequent proscription of IPOB,
Nnamdi Kanu has not been seen and may have gone underground.
“So it is not likely that he will
appear in court on the next adjourned day for fear of being arrested by the
police or security agencies. Kanu had sureties that entered into recognizance
or signed bail bonds as ordered by the court that led to his release.
“What is a recognizance? In law,
recognizance is a security entered into before a court with a condition to
perform some act required by law; on failure to perform that act a sum is
forfeited.
“The position of the law as
provided under Section 173 (1) of the Administration of Criminal Justice Act,
2015, is that a defendant whom recognizance was entered on his behalf and who is
subsequently released on bail is bound to appear before the court at every time
and place to which during the course of the proceedings, the hearing may from
time to time be adjourned.
“The court also may issue a
warrant of arrest where a defendant (Kanu) bound by a recognizance or bond
fails to appear before a court or police station. It follows that if Kanu fails
to appear before the Federal High Court on the next adjourned date, the Judge
will likely order a warrant for his arrest.
“The implication of the failure
of Kanu to appear in court on the next adjourned date on those who stood
sureties for his recognizance is that his recognizance shall be forfeited.
“The court shall order his bond
entered by his sureties to pay the penalty or to show sufficient cause why the
penalty should not be paid.
“It follows that Kanu’s three
sureties will be ordered to pay N100 million each. Where sufficient cause is
not shown by the sureties or the persons bound and the penalty is not paid, the
court may recover the penalty from the person bound or from his estate if he is
dead, in the manner laid down in the Administration of Criminal Justice Act,
2015 for the recovery of fine.
“However, where the penalty is
not paid and cannot be recovered in the manner laid down by the law, the person
bound shall be liable to imprisonment for a term not exceeding six months.”
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ReplyDeleteDoes Nigeria really have constitution. A nation where constitution is only made for the masses rather than every body. How many times did Buhari led administration abide by the constitution! My dear citizens of Nigeria.lol
ReplyDeleteA falcon cannot hear a falconer because the centres cannot hold anymore...injustice is now the order of the day .
ReplyDelete@ali kelechi Samuel....Mr basket mouth. Always think before writing nonsense as comment
ReplyDeleteDon't worry soon you will know that the falcon will listen to the falconer
ReplyDeleteso many loopholes in our constitution and law, lawyers will definitely exploit
ReplyDeleteNothing will happen to Abaribe.
ReplyDeleteNow Kanu as gone underground what happens to our dear Biafra,“Mind you, Nnamdi Kanu and his wife and children are British citizens.Even is parents are, He may have left the country to join his family in the United Kingdom. While campaigning for Biafra he never threw away his British passport.the same thing Ojukwu did he left OUR pple and ran away when the chips are DOWN
ReplyDelete