Justice Nyako relied on the submissions of the lawyers for the
sureties and ordered the Attorney General of the Federation [AGF] to
first and foremost serve the sureties with an Order to Show Cause. The Show Cause Order, ElombahNews gathered, is a type of court order
that requires one or more of the parties to a case to justify, explain,
or prove something to the court. Courts commonly use orders to show cause when the judge needs more
information before deciding whether or not to issue an order requested
by one of the parties.
At the next hearing, lawyers to the Nigerian government are expected
to show the judge cause why the sureties will forfeit their assets. On the other hand, lawyers for the sureties will introduce direct
evidence of the army invasion of Kanu’s house, which has been said to be
the proximate cause of his disappearance.
It could be readily recalled that Kanu was taken on bail last year
on the bond of 100 million Naira each provided by Senator Enyinnaya
Abaribe, Jewish Rabbi Immanu El Ben Madu and Tochukwu Uchendu, an
accountant. It could also be recalled that Kanu has been missing since September
last year when the Nigerian army carried out lethal operations at his
home at Umuahia in Abia State via Operation Crocodile Smile. Since Kanu’s trial resumed in October last year after the military attack, Kanu has neither be seen nor heard from.
The Nigerian Armed Forces have since denied holding Kanu in any of their detention facilities. Based on that denial, the federal government claimed that his
nonappearance at his trial was enough to revoke his bail and compel his
three sureties to forfeit their bonds. Conversely, the lawyers to the sureties had consistently moved the
motion that that the issue of the military invasion had to be considered
first before the issue of breach of bond can arise.
Barrister Shuaibu Lanaran, representing AGF, had argued that Kanu’s
sureties ‘did not deserve any hearing on the matter, but must produce
Kanu or face sanctions’.
In opposition, counsels for the three sureties jointly argued that a
forfeiture proceedings first requires an “enrolled” Show Cause Order
before any issue of revocation or bench warrant can arise.
The lawyers told the court that their clients are yet to be served
with such Order and thus the matter cannot be said to be properly before
the court. Counsels cited pertinent statutory and judicial authorities. If the court upholds their argument, Nigerian army may be cited in
contempt and that alone is likely to affect the course of the trial in
Kanu’s favor. The sureties were represented in court by Barristers Aloy Ejimakor, Chukwuma Machukwu Umeh (SAN), and FC Chude.
The next hearing is scheduled for June 26, 2018.
Source: Elomba.com
