JUST IN: Court refuses to order Abaribe’s release

* Co-surety asks the court to order Kanu’s arrest Justice Binta Nyako of the Abuja division of the Federal High Court on Tuesday ordered the Department of State Services (DSS) to allow Senator Eyinaya Abaribe access to his lawyers. The order was as a result of an oral application made on his behalf by his lawyer, Chukwuma Ume (SAN), praying the court to order the release of Abaribe, who was picked up by the DSS last Friday over undisclosed reasons. Abaribe is one of the sureties who guaranteed the bail of the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu. However, the whereabouts of Kanu has remained a mystery following his disappearance since the military invaded his home in Abia State last October, prompting the prosecution to ask the court to revoke Kanu’s bail, and that the sureties forfeit their bail bond or be remanded in prison custody until they produce the defendant. When the matter came up Tuesday before Justice Nyako, Abaribe’s counsel, Ume, told the court that his client who was arrested last weekend over his role in the IPOB matter, was brought to court in chains by the DSS. While stating that Abaribe since his arrest has been held incommunicado by the security agency without been charged to court, Ume said Abaribe’s arrest is capable of jeopardising the trial. He therefore urged the court to order the release of Abaribe from DSS custody. Responding, the trial judge stated that since the arrest of Abaribe was not a matter before him, their is nothing the court could do, adding that in situation such as this, Abaribe’s counsel ought to know the next step to take. However, following much pleading by Abaribe’s counsel, Justice Nyako ordered the DSS official who brought Abaribe to court that he be allowed access to his lawyers. “Allow him have access to his counsel. You cannot hold him incommunicado. No matter what reason he is been arrested, allow him access to his lawyers,” the court ordered. Earlier, Ume and counsel to the second surety, Aloy Ejimakor, informed the court of a motion they both filed challenging the jurisdiction of the court to entertain the matter on the grounds that the order served on their clients to show cause why they should not forfeit their bail bond for Kanu or be remanded in prison custody did not comply with the law. They therefore urged the court to set aside the order for want of jurisdiction. However, counsel to the third surety, Frank Chude, informed the court of an application he filed on the 25th of June, asking the court to order for the arrest of Kanu.]]>