- Senator Abaribe prays the court to discharge him entirely from the incidence relating to the bail of Nnamdi Kanu
- The lawmaker says since the raid by the Nigerian army, the first defendant has not been seen or reached
- As at the time of filing this report, the application was yet to be heard by the court
The senator representing Abia South senatorial district, Enyinaya Abaribe, has applied to the court to discharge him from the suretyship, bond and recognisance of the bail of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
In an application seen by NAIJ.com and filed against the federal government, Nnamdi Kanu and his co-defendants, Abaribe is asking the court to make an order discharging him as surety of the first defendant - Kanu.
Abaribe prayed the court to discharge him entirely from the incidence relating to the bail of Kanu.
He is also asking for a discharge of the bond used for Kanu's bail and a refund of N100 million or any other bond paid to the court sequel to the bail.
The grounds upon which Abaribe sought the reliefs include that the Nigerian army during a raid at the residence of the IPOB leader engaged in a fracas with members of the group which has been proscribed by the federal government.
Abaribe said since the raid by the Nigerian army, the first defendant has not been seen or reached.
He also said Kanu is yet to make any public appearance made any statement since the raid.
Abaribe said: "Since the afore stated visit of the Nigerian army to the residence of the first defendant from September 11, 2017, the second respondent in this suit has not been seen again nor reached on phone bu the applicant neither is he reported in any news media as seen by any person nor made any statement on any issue."
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The senator said since September 20, the report in the media is that the first respondent (federal government) has proscribed IPOB an organisation led by Kanu and declared the organisation a terrorist organisation.
He said security agencies of the federal government are interested in the second respondent.
"The activities of the Nigerian army as affecting the first respondent are matters of state secret incapable of being unravelled by the applicant which activities has put the second respondent out of the reach of the applicant such that the applicant cannot reasonably be expected to produce the second respondent before this court at any subsequent date.
"The apllicant lacks capacity to produce a person stated by the first respondent to be ma member of a terrorist organization or any person who the first respondent is reported to be interested in his whereabouts in the aftermath of the military operation in Abia state," Abaribe said in his application," he said.
As at the time of filing this report, the application was yet to be heard by the court.
NAIJ.com earlier reported that Abaribe, a Jewish Rabbi and traditional ruler stood as surety for the IPOB leader in August when he was granted bail by Justice Binta Nyako of the Federal High Court.
The surety and bond of N100 million each which was made available by Abaribe and the two others helped in the release of Kanu from the Kuje Prison in Abuja where he was being held for over a year.
Kanu and his co-defendants - Benjamin Madubugwu, David Nwawuisi and Chidiebere Onwudiwe are facing criminal trial of treasonable felony, conspiracy and concealing of good imported into the country.
Nnamdi Kanu is absent as court begins hearing on his case on NAIJ.com TV