THE Federal High Court in Abuja, on Friday, said the sureties of Nnamdi Kanu, the skedaddle leader of the Indigenous People of Biafra (IPOB) must produced him.

This is just as the court dismissed an application before it seeking the Chief of Army Staff, Lt.-Gen. Tukur Buratai, to produce Mr. Kanu.

The ruling was delivered by Justice Binta Nyako.

Kanu lawyers, led by Mr. Ifeanyi Ejiofor, told the court that they have not seen or heard from their client since September 14, 2017, when the Nigerian Army invaded his house “on a murderous raid, where life and mortar bullets were fired on unarmed and defenceless populace, leaving 28 persons dead and abducting many”.

Pursuant to section 40 of the Federal High Court Act, F12, LFN 2005 and section 6(6) (1) (4) of the 1999 constitution, as amended, Kanu’s lawyers applied for “an order of Habeas Corpus ad subjiciendum, commanding the Respondent (Buratai), to produce the Applicant in Court”.

Mr. Buratai, in a counter-affidavit he filed in opposition to the suit, told the court that Kanu was never in custody of the Nigeria Army.

The Chief of Army Staff told the court that the Nigerian Army did not at any time arrest or took Kanu into custody within the period the military operation lasted, even as he denied allegation that soldiers invaded the IPOB leader’s house in Afara-Ukwu Ibeku, Umuahia, Abia State.

A colonel attached to the Chief of Army’s office in the Army Headquarters, Abuja, Col. A.A Yusuf, who deposed to the counter-affidavit on behalf of Buratai, said the alleged invasion of Kanu’s house was totally false.

The Army boss told the court that his men only chased a truck he said was laden with arms and explosives of different kinds, into a compound he said was later discovered to belong to Kanu and his father.

In her ruling, Justice Nyako held that no evidence was placed before the court to prove that Kanu was in Army custody, adding that Ejiofor failed to convince the court that Kanu was seen with soldiers at any time.

She said “the doctrine of last seen”, which the applicant relied upon, eventhough applicable in murder cases, has no statutory backing.

Besides, the Judge noted that Kanu was listed in the suit as the main applicant.

Justice Nyako said she was surprised that someone that was said to be missing was the one seeking reliefs from the court, adding that the lawyers ought to have rather commenced the action “in the name of applicant”.

“Has the applicant placed enough evidence to show that the respondent was the last to see the applicant? Was there any evidence that he was last seen with even one soldier? The onus of proof will not shift from the applicant to the respondent except the applicant is able to prove that he was last seen by the respondent. This they have failed to do.

“This application fails and it is hereby dismissed. Be ready for your case”, the Judge held.

Immediately the ruling was delivered, Ejiofor demanded to know from the court what the next line of action would be in respect of Kanu’s pending trial, since his whereabouts has remained unknown.

Replying Ejiofor, Justice Nyako said: “As far as I am concerned, the applicant is on bail. Was he not released on bail based on an undertaking by sureties?

“The sureties guaranteed to produce the applicant in court for his trial, so three of them should produce him. They made an undertaking and deposed to the fact that they will produce him to stand trial.

“If there is any reason they cannot produce him, they should tell me on that date”, the Judge added.

The court had earlier fixed February 20 for continuation of Kanu’s trial.

The IPOB leader is facing a five-count treasonable felony charge the Federal Government preferred against him and four other pro-Biafra agitators, Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie.

Already, Senator Enyinnaya Abaribe who was one of the three persons that stood surety for the IPOB leader has applied to be discharged by the court, insisting that he lacks the capacity to produce the defendant for continuation of his trial.

The court had on October 17, 2017, ordered Abaribe, a Jewish High Priest, Emmanu El- Salom Oka BenMadu, and an accountant, Tochukwu Uchendu, to produce the IPOB leader or face jail term/forfeiture of N100million they each deposited as bail bond.

A colonel attached to the Chief of Army’s office in the Army Headquarters, Abuja, Col. A.A Yusuf, who deposed to the counter-affidavit on behalf of Buratai, said the alleged invasion of Kanu’s house was totally false.

The Army boss told the court that his men only chased a truck he said was laden with arms and explosives of different kinds, into a compound he said was later discovered to belong to Kanu and his father.

zendy:


I simply just cant believe that the Nigerian Army are still peddling this obvious lie, that they were were chasing a truck full of arms and ended up in Kanu's compound?

If it was actually true that the Nigerian Army chased a Truck full of arms into Kanu's compound, why is it that no one has seen pictures of this truck full of arms?

Surely, the Nigerian Army that loves to display bodies of boko haram fighters killed and the cache of weapons recovered from them, just could not show us the truck full of weapons they chased into Kanu's compound?

Yet, the very next day, the Nigerian Arny released a statement pronouncing IPOB as a terrorist organisation and the nearest they said IPOB came to having guns was the one "they tried to snatch"

Yet, the Nigerian army claims they chased a truck full of arms into Kanu's compound? Which no one has ever seen even a picture of?



I can only but laugh in French

Nonaira1:


[s]What do you except from a shithole filled with illiterates as leaders?

Out of their ignorance, they couldn't even come up with a logical lie that correspond with what's seen on the video of the said event.

Did they forget that IPOB members as well as CCTV produced video evidence of what occurred that day?

How come there was no truck on those videos except their tank?
Infact how come during their extra judicary kill where they shot at innocent people ILLEGALLY might I add, not single boy used a weapon beside stones and sticks to defend themselves if there was indeed a trunk full of weapons? Shebi the trunk jam or what?

Nigerian government knows the amount of ignorance and stupidity is the daily bread of your typical Niggeria. Common Sense does not exist in that shithole and they are aware of it hence, they play their "citizens" like mumu.

Yet this niggeria still wonder why their shithole is the laughing stock of Africa that not one single African nation respects despite their self delusional claim of "Giant of Africa". Even Somalia mocks them. Emphasis on that: Even Somalians sees that shithole as a laughing stock. That says it all.


Anyway, anyone shocked by that cow, Binta Nyako shouting? If you are, wake up and join the rest of us in the real world. Her and her corrupt husband have been filling their bank account through this trial. Hence why are you surprised? Let the cow milk the shit out of Nigeria thanks to buhari after all to a typical niggerian, Biafra and Nnamdi Kanu is their problem. That's why i laugh my ass off in the hell Niggerians are currently experiencing in that shithole[/s].

zendy:


[s]I simply just cant believe that the Nigerian Army are still peddling this obvious lie, that they were were chasing a truck full of arms and ended up in Kanu's compound?

If it was actually true that the Nigerian Army chased a Truck full of arms into Kanu's compound, why is it that no one has seen pictures of this truck full of arms?

Surely, the Nigerian Army that loves to display bodies of boko haram fighters killed and the cache of weapons recovered from them, just could not show us the truck full of weapons they chased into Kanu's compound?

Yet, the very next day, the Nigerian Arny released a statement pronouncing IPOB as a terrorist organisation and the nearest they said IPOB came to having guns was the one "they tried to snatch"

Yet, the Nigerian army claims they chased a truck full of arms into Kanu's compound? Which no one has ever seen even a picture of?



I can only but laugh in French[/s]

Optional09:
Nnamdi Kanu is not a coward, trust me if he is anywhere hiding he would have said something when Fulanis recently killed Benue people. Nnamdi Kanu was killed.

Corrinthians:
Excessive wailing leads to convulsion. Take it easy onugo.

Nonaira1:


[s]Crying about Nnamdi thinking you're someone mocking won't change your Niggeria as a shithole that repeatedly being used as a joke by other African countries including Somalia, now does it?

Still won't change the West you lick their ass to mocks you. To britians you're a corrupt filth and to USA you're a begging shithole filled with huts.

Still won't change Niggeria economy being one of the worst despite titled as "oil producing".

Still won't change you can't even defeat boko haram despite the advantages given to you by multiple nations. Only got power to shoot unarmed civilians.

Still won't change food is scarce and your citizens dying from hunger.

Still won't change that UN have now listed you among unprogressive countries.

Still won't change that you barely have electricity despite your "oil producing status".

Still won't change Fulani are slaughtering una like cow and your "sai buhari" is in the progress of turning you all into their slaves.

Still won't change your naira is a retrogressive mess. So backwards that you're in the pact of becoming the next Zimbabwe and this is without having any sanctions put on you like zimbabwe had.

Still won't change your shithole 3rd world, poverty and disease ridden status now does it?

With Nnamdi missing has it made any impact in your retrogressing? Have it stopped other Africans from using una as example of what not to do? Have it stopped libyans from selling una to slavery?

While showing your teeth, crying or laughing or whatever the Heck you think you're doing, na only yourself you laughing at. Nnamdi's son and wife are living good while you niggerians are the ones starving and crying about your "sai buhari" that was your messai 3 years ago.[/s]

Nonaira1:


[s]Duhh it does not take a genius to know that. It's either he was killed or they locked him up.

Nnamdi Kanu would have spoken even before the Fulanis ran amook. Dude wasn't no punk. he said what's on his mind, not given a Bleep if you like it or not.

Since that invasion, all of his family member that were in that house are all missing. Ironically enough, the only one that isn't missing is his little brother that wasn't there at that time. How convenient?

Those idiots wants us to believe a man that needed a cane to walk somehow, someway escaped a house surrounded by the army with both his aging parents and elder sisters without one single person seeing them. Na spirit dem be or ogini?
Hell they couldn't even keep their stories straight. One minute he's in London, next it's cameroon, next Egypt, then Ghana[/s].

Corrinthians:
The way you are wailing, I am Begining to think you are one of those BSS recruits who were to be paid 30k monthly. You lost your job when you were declared terrorists.

Go and apply for n- power young boy.

Nonaira1:


This monkey actually thinks i live in that shithole with him and suffering the mess your sai buhari messai dragged una to

Nigga I rather be shot dead, stabbed, ran over, organs stolen and sold in black market and a dog pee in my eye socket than come back and live in that backwards, laughing stock of Africa,poverty and disease ridden, piece of shit you people call a country. Hell i rather join the slavery in libya than live in that shithole.

Donkay82:
Nnamdi KANU has played his part,why can't one of those Biafra or death dudes continue from where he stopped, or are we saying the man disappeared with the cause?

Corrinthians:
Ipob internet billionaire spotted.

That is how they grunt until they are challenged and disgraced.

It happened a week ago when one was discovered to be an apprentice Plumber in Lagos.

Nonaira1:


Please please please please challenge me. I want you to please

Currently vacationing in Fort Lauderdale. Meet you anywhere, anytime in the evening tomorrow deal? Just name exactly where and wtf you look like.

Amarabae:
Oya let them go and drag abaribe.
Ndi ara .

Corrinthians:
Look at the shithole utterance. How can one believe your signature with this stupid comment?