Senator Abaribe faces increased prospect of being jailed as army denies Nnamdi Kanu is in its custody

CHAIRMAN of the South East Senate Caucus Senator Eyinnaya Abaribe is facing the increased prospect of being jailed after the Nigerian military denied that the Indigenous People of Biafra (Ipob) leader Kanu is in its custody.

On April 24 this year, Mr Kanu was granted bail by Justice Binta Nyako and his conditions included that he produce three sureties. Among those who stood surety for Mr Kanu were Senator Abaribe, Jewish priest Immanuu-El Shalom and an accountant and Abuja resident Tochukwu Uchendu.

Earlier this month on October 17, Mr Kanu was due to appear in court over a suit filed against him by the federal government concerning him breaching his bail conditions. However, Mr Kanu did not show up for his trial as his co-defendants did, so Justice Nyako ordered Senator Abaribe and the  two other sureties to explain his whereabouts.

Ipob had claimed that Mr Kanu had been arrested by the Nigerian military, hence why Senator Abaribe could not produce him but defence chiefs have denied this. Senator Abaribe has now sought to be excused as Mr Kanu's surety but the court has insisted that before he can do that, he must produce the Ipob leader in court first.

In a counter-affidavit filed against Senator Abaribe representing Abia South Senatorial District, the federal government stated that he was aware that Mr Kanu has long violated the bail conditions handed down by the court on April 24, before September 11 when he claimed to have lost contact with the defendant. According to the government, it was at this point at violating the conditions at the bail that the senator ought to surrender the first defendant and or bring up this application.

Prosecuting counsel Shuaibu Labaran, said: "This application is belated and ill-timed. The applicant failed to apply to the court timeously, stating on oath that the defendant bound by recognisance to appear before this court had violated the bail condition given by this court.”

He argued in the written address that Senator Abaribe failed woefully by allegedly aiding and abetting Mr Kanu to flout his bail conditions. Denying that Mr Kanu was not in the custody of the Nigerian Army, the federal government stated in its counter-affidavit that the defendant was in Senator Abaribe’s custody.

Senator Abaribe, however, denied knowledge of Mr Kanu’s whereabouts. Mr Kanu was absent from court when his case came up on October 17 but his co-defendants with whom he was being prosecuted on charges of treasonable felony were produced in court by prison officials.