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Biafra: Kanu Risks Imprisonment For Violating Bail Conditions-Presidency

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The Federal Government yesterday said that those

standing sureties for the leader of the proscribed

Indigenous People of Biafra IPOB, Nnamdi Kanu

risk imprisonment should he (Kanu) be absent at

the next trial date.

The Federal Government is prosecuting Kanu and

three others before the Federal High Court sitting

in Abuja on 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 defendants bail.

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

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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.

He 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 his

release.

“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

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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 forfeited.

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

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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.

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