Court Strikes Out Application By Kanu’s Counsel Which Compels Nigerian Army To Produce Him In Court
The ongoing trial of the controversial leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu has taken a new dimension as the court struck out the application of Kanu’s counsel which asked the Nigerian Army to ensure his presence in court.
The application was struck out by An Abuja Federal High Court today.
The counsels to the IPOB leader had presented the application which requests the Chief of Army Staff, Lt. Gen. Tukur Buratai to produce Kanu whom they claimed they have not seen or heard from since Men of the Nigerian Army stormed his house on September 14, 2017.
According to Mr. Ifeanyi Ejiofor, who led the counsels, 28 people were killed during the invasion while some other persons are still missing, including the IPOB leader.
Counsel to Kanu had applied for “an order of Habeas Corpus ad subjiciendum” following the provision of section 40 of the Federal High Court Act, F12, LFN 2005 and section 6(6) (1) (4) of the 1999 constitution, as amended.
The basic of the application is to direct Buratai to provide Kanu before the court.
Buratai has however filed a counter -affidavit which he presented in court. In the affidavit, he claimed that Kanu was not arrested and is not being detained by the Nigerian Army.
Justice Nyako during the ruling held that the application submitted by Kanu’s counsel accuses the Nigerian Army of a serious crime which is expected to be proved beyond reasonable doubt.
In her words, “Has the applicant placed enough evidence to show that the respondent was the last to see the applicant? Was there any evidence that he was last seen with even one soldier? The onus of proof will not shift from the applicant to the respondent except the applicant is able to prove that he was last seen by the respondent. This they have failed to do”.
Striking out the application, she said “This application fails and it is hereby dismissed. Be ready for your case.”
Kanu’s counsel, however, asked the court on how to proceed with the case since his client has not be found and which would mean his non-appearance before the court.
Justice Nyako said “As far as I am concerned, the applicant is on bail. Was he not released on bail based on an undertaking by sureties? “The sureties guaranteed to produce the applicant in court for his trial, so three of them should produce him.”
“They made an undertaking and deposed to the fact that they will produce him to stand trial. “If there is any reason they cannot produce him, they should tell me on that date.”
She Adjourned the case to 20 of February for further hearing.
It should be recalled that the IPOB leader is in court for treasonable offence filed against him by the federal government as earlier reported by Nigerianewsng.com