[dropcap]T[/dropcap]he embattled leader of proscribed Indegenious People of Biafra, (IPOB), Mazi Nnamdi Kanu risks being tried in absentia as his whereabouts remain unknown after the Nigerian Army carried out their exercise “Operation Python Dance II” in Abia state; an annual programme carried out by Nigerian Army to boost the security of every state in the country.
Kanu was billed to appear before trial Justice Binta Nyako to be re-arraigned on an amended five count charge marked FHC/ABJ/CR/383/2015, alongside three other pro-Biafra agitators- Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie.
However, Kanu’s whereabouts has remained unkown, a development that has placed his sureties, including a serving Senator, Enyinnaya Abaribe and a Jewish High Chief Priest, Immanuu El-Shalom, at risk of being sent to prison.
FG is prosecuting the defendants through the office of the Attorney General of the Federation and Minister of Justice. Charges against them border mainly on criminal conspiracy and treasonable felony.
A member of the prosecuting team said FG was determined to proceed with the matter even if the IPOB leader failed to present himself before the court.
He said such practice was allowed, once it was proved that the defendant deliberately made himself unavailable for trial.
“It will not be the first time a defendant is tried in absentia. Take the case of a former Niger Delta militant, Mr. Tompolo for instance. When he refused to make himself available, FG proceeded to try him in absentia”, the lawyer who craved anonymity because he was not cleared to speak on matter added.
He maintained that under extant laws in the country, a defendant so tried, could still be convicted and made to face whatever penalty that was imposed by the court.
Kanu who is the 1st defendant, is facing four out of the five count amended charge.
It will be recalled that Justice Nyako had in a ruling on April 25, released Kanu on bail after he had spent a year and seven months in detention, though the court okayed his co-defendants to remain in prison custody.
The court which stressed that it released Kanu on health ground, however compelled him to produce three sureties, including “a Jewish leader” and a “highly placed person of Igbo extraction”, who all deposited N100million each.
Both Abaribe who is representing Abia South Senatorial District, El-Shalom and a Chartered Accountant residing in Abuja, Mr. Tochukwu Uchendu, had on April 28, entered an undertaken to produce Kanu before the court to face his trial.
However, barely 17 hours to the scheduled trial, no one has heard from or seen the IPOB leader who has remained incommunicado since the Nigerian Military carried out its code-named Operation Python Dance II, in the South East, particularly in his state, Abia.
A source at the Justice Ministry had earlier disclosed that FG would on the slated trial date, not only move the court to revoke Kanu’s bail, but equally apply for a bench warrant to be issued against his three sureties.
“The position of the law is very clear to the effect that when a defendant jumps bail, his surety is made to pay for the offence upon which the trial was based. It is there in the Administration of Criminal Justice Act.
“If for any reason Kanu fails to submit himself for trial on October 17, we will have no other option than to apply for immediate arrest of all his three sureties. We will move the trial court to issue a bench warrant against them.
“We have their full details, and don’t forget that they were made to sign an undertaken by the court before the defendant was released on bail”, he added.
Kanu’s lead counsel, Mr. Ifeanyi Ejiofor, had in a telephone interview insisted he does not know the whereabouts of his client.
Ejiofor said his only contact with the IPOB leader was on September 14, few minutes before the Nigerian Army “invaded” his (Kanu’s) hometown.
He said that Kanu called him on phone, complaining that he was under attack from soldiers that were deployed to his compound by federal government.
Ejiofor who said he would not be surprised if FG decides to move against those that stood surety for his client, maintained that the burden was on the prosecution to produce Kanu in court on the adjourned date.
“The fact is that they are in a position to produce him at the next adjourned date. It is public knowledge that my client had before his house was invaded, always made himself available for trial.
“He never evaded trial as he made it known that he was ready. If he wanted to jump bail, he would have done so immediately he was released from prison. But he did not run.
“The last time I spoke with my client was the day his house was invaded by soldiers. He called me and complained that he was being attacked by soldiers who he said were shooting sporadically. since then, I have not heard from my client again.
“If he is alive, they should tell the court on that day. They will not only explain to the trial court, but will also produce the soldiers that went to his home to attack him”, Ejiofor added.
Meantime, investigations revealed that the case may not actually proceed on Tuesday, as the trial Judge was said to be out of jurisdiction on an “important government assignment”.
Justice Nyako is currently heading a team of Judges that were selected by FG to conduct the trial of over 1,600 Boko Haram suspects at Kainji detention facility in Niger state.
Kanu’s lawyer, Mr. Ejiofor has already filed a separate suit, asking the High Court in Abuja to compel the Chief of Army Staff, Lt.-Gen. Tukur Buratai, to produce his client in court on Tuesday, dead or alive.
Ejiofor told the court that he has not seen or heard from his client since the “Nigerian Army invaded the Applicant’s house on a murderous raid, where life and mortar bullets were fired on unarmed and defenseless 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, to produce the Applicant in Court”.
In a supporting affidavit that was deposed by one Prince Mandela Umegborogu, the deponent said he was told by Kanu’s younger brother, Emmanuel, that on September 12, “Soldiers of Nigerian Army, numbering about 200 ( two hundred) fully armed to the teeth invaded the residential home of the Applicant in Afarauwku- Ibeku, Umuahia, in Abia State”.
According to the affidavit, “On the 12th September, 2017, the Nigeria Military Soldiers acting under express command handed down by the Respondent, violently invaded the Applicant’s home in Afara-ukwu Ibeku, Umuahia Abia State, wherein scores of his relative were brutally wounded and many killed.
“On 14th day of September, 2017, the Nigerian Military led by Soldiers of the Nigerian Army invaded the Applicant’s house on a murderous raid, where life and mortar bullets were fired on unarmed and defenseless populace, leaving 28 persons dead and abducting many.
