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Breaking: Judge declines to order Senator Abaribe’s release

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An Abuja Division of the Federal High Court has turned down a request for the release of Eyinnaya Abaribe who was arrested by security operatives on June 22 2018.

Senator Abaribe is one of the sureties for the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, when the latter was granted bail in April 2017.

On Tuesday, the defence counsel, Mr Ejiofor demanded his release during a  hearing on the sureties forfeiting their bail bonds.

Emmanuel Shalom Ben Madu, the Jewish high priest who together with Senator Enyinnaya Abaribe and Tochukwu Uchendu stood surety to Kanu.

Abaribe’s lawyer, Chukwuma Ume (SAN) had stood in court and aligned himself with Barrister Ejimakor’s Preliminary Objection to jurisdiction.

A summary of Barrister Ejimakor’s argument is that before the court can decide on sureties forfeiting their bail bonds, they are “entitled, as a matter of law, to be put on Notice or served with the evidence used in obtaining the order to show cause before they (the sureties) can be required to produce evidence to contradict it.

Mr Ejiofor asked the court to order the federal government to release Mr Abaribe, describing his arrest as illegal and unconstitutional.

But in a ruling, Mrs Nyako said she could not give the order for the senator’s release because she was not the one who ordered his arrest.

Justice Binta Murtala-Nyako adjourned the case to November 14, 2018 and ordered that the AGF should respond well ahead of time to the application challenging the court’s jurisdiction filed by Barrister Aloy Ejimakor on behalf of the second surety to Mazi Nnamdi Kanu, the missing leader of IPOB.

This is merely a hearing to decide on the sureties forfeiting their bail bonds.
This certainly does not warrant Abaribe’s arrest and detention..

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