Some well-meaning Nigerians who stood
surety for Nnamdi kanu, the embattled leader of the Indigenous People of
Biafra (IPOB)risk lengthy custodial sentence over the sudden
disappearance of the IPOB leader, Presidency source have revealed.
Kanu, the Federal Government alleged ,
has violated his bail condition and therefore runs the risk of being be
-re-arrested on the next court day.
However, the Federal Government
yesterday said there was no going back on holding those who stood
sureties Kanu to ransom should he fail to appear in court or should they
fail to produce him in court.
Kanu's sureties: From the right, Tochukwu Uchendu,
Jewish Chief High Priest, Immanuel-El Shalom Oka-Ben Madu
and Senator Enyinnaya Abaribe.
Recall Kanu and three others before the
Federal High Court sitting in Abuja face a five-count criminal charge
bothering on treasonable felony. The trial judge, Justice Binta Nyako
had on April 25, admitted Kanu to bail but refused the three other
As part of the bail condition, Kanu was
asked to produce three sureties including a highly respected Jewish
leader, a highly placed Igbo person and a respected person who resides
and owns property in Abuja .
Each of the surety was asked to sign a
bond of N100 million each. Meanwhile, counsel to Kanu, Ifeanyi Ejiofor
had last Tuesday raised the alarm that his (Kanu) whereabout is not
known since the military invaded his house in Abia State. Ejiofor had
alleged that his client might have been killed.
However, speaking on the legal
implication of Kanu’s failure to attend court on the next adjourned
date, Special Assistant to President Muhammadu Buhari, Chief Okoi
Obono-Obla in an exclusive chats with Sunday Telegraph in Abuja noted
that it is as clear as crystal that Kanu has violated all the conditions
prescribed by the court.
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
“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
"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,” he said.