Nnamdi Kanu's Sureties Won't Lose N300 Million Bond
The legal representative of the Indigenous people of
Biafra(IPOB), Mr Ifeanyi Ejiofor has advised the sureties who signed
the bail bond of the now missing leader of the group, Nnamdi Kanu, not
to worry as they won't be held liable.
PoliticsNGR gathered that Ejiofor, who has also petitioned the Chief of Army Staff, Lt-Gen. Tukur Buratai, to produce Kanu in court dead or alive, added that only the court of law can determine if Kanu flouted his bail conditions or not.
Ejiofor told sun;
"The issue of whether Nnamdi Kanu flouted his bail conditions or not doesn’t lie in the hands of the military or even the Executive to determine. It’s the court; allow the court to decide on it. This is a matter of argument and law.
The military has positioned itself as taking over the matter before a court. Is the military the enforcement arm of the court? It’s even more curious when the court has not revoked the bail; the court has not said go and arrest him, so he’s still enjoying the bail granted him by court.
Let me say this; if Kanu had, in the course of enjoying the bail granted him by the court, been seen to have committed any offence outside the one being tried in court, they can simply wait and let him come to court. If he comes to court on October 17, they could arrest him on those supposed offences.
There is no law that says that anybody being tried for any offence and enjoying bail cannot be arrested if the person commits another offence. If actually what they wanted was to arrest him; they would have waited for him to come to Abuja. But I know what they wanted was to kill him at all cost; and let me not believe that has taken place by now."
Speaking on the sureties, he pointed out that under the present circumstances, they cannot be touched. In his words;
The point is that you cannot under the circumstance lay hands on the sureties because the circumstance that presented itself is such that had gone beyond the sureties’ control. In legal parlance, it’s called force majeure. It’s not a situation they would be able to control.
The court is a human being; it can listen to our application. If at all this incident never took place and by tomorrow we start looking for Nnamdi Kanu, they will be told to go and produce him. But in this case, Nnamdi Kanu had been visible; moving around, going places, meeting people and was very certain of coming to Abuja before now to face trial, so, people who attacked him, killed people in his house, wounded people and arrested people, should be in a position to show us where he is.
It now lies with the army; it’s out of the sureties hands, so they cannot be held liable."
http://politicsngr.com/2017/09/30/nnamdi-kanus-sureties-wont-lose-n300-million-bond-ipob-lawyer/
PoliticsNGR gathered that Ejiofor, who has also petitioned the Chief of Army Staff, Lt-Gen. Tukur Buratai, to produce Kanu in court dead or alive, added that only the court of law can determine if Kanu flouted his bail conditions or not.
Ejiofor told sun;
"The issue of whether Nnamdi Kanu flouted his bail conditions or not doesn’t lie in the hands of the military or even the Executive to determine. It’s the court; allow the court to decide on it. This is a matter of argument and law.
The military has positioned itself as taking over the matter before a court. Is the military the enforcement arm of the court? It’s even more curious when the court has not revoked the bail; the court has not said go and arrest him, so he’s still enjoying the bail granted him by court.
Let me say this; if Kanu had, in the course of enjoying the bail granted him by the court, been seen to have committed any offence outside the one being tried in court, they can simply wait and let him come to court. If he comes to court on October 17, they could arrest him on those supposed offences.
There is no law that says that anybody being tried for any offence and enjoying bail cannot be arrested if the person commits another offence. If actually what they wanted was to arrest him; they would have waited for him to come to Abuja. But I know what they wanted was to kill him at all cost; and let me not believe that has taken place by now."
Speaking on the sureties, he pointed out that under the present circumstances, they cannot be touched. In his words;
The point is that you cannot under the circumstance lay hands on the sureties because the circumstance that presented itself is such that had gone beyond the sureties’ control. In legal parlance, it’s called force majeure. It’s not a situation they would be able to control.
The court is a human being; it can listen to our application. If at all this incident never took place and by tomorrow we start looking for Nnamdi Kanu, they will be told to go and produce him. But in this case, Nnamdi Kanu had been visible; moving around, going places, meeting people and was very certain of coming to Abuja before now to face trial, so, people who attacked him, killed people in his house, wounded people and arrested people, should be in a position to show us where he is.
It now lies with the army; it’s out of the sureties hands, so they cannot be held liable."
http://politicsngr.com/2017/09/30/nnamdi-kanus-sureties-wont-lose-n300-million-bond-ipob-lawyer/
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