Wednesday 25 October 2017 // 03:03 PM
Biafra: The Court Can't Force Abaribe To Produce Who Has Been Kidnapped - Ozekhome Condemns FG's Invasion Of Kanu's Home
Mr. Mike Ozekhome, a Senior Advocate of Nigeria, has stated that the court can not ask Senator Enyinnaya Abaribe to produce Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), who has gone missing since after the military invasion of his home residence in Afara-Ukwu Ibeku, Umuahia Abia State.
He faulted the military invasion of Mazi Nnamdi Kanu Home residence, maintaining that the Federal Government should have waited for the outcome of the legal process taken against Kanu.
He believes that the 'doctrine of the last scene' is actually in play since Nigerians last saw Nnamdi Kanu at his home residence before the military invasion of 14th September this year.
The Senior Advocate stated this on Channels Television's "Politics Today" following the absence of Nnamdi Kanu in court on Tuesday this week.
He said: “Now assuming that Nnamdi Kanu has breached every single material particular of those bails, what is the answer? The answer is again through the judicial process,”
“The Federal Government has already done the right thing through its lawyers that filed a motion before the same judge, Justice Binta Nyako, to say ‘my lord, Nnamdi Kanu has breached these bail conditions. The Federal Government should have waited for that legal process to accomplish rather than invade the home through the military.”
“When they (soldiers) penetrated the house, we saw that that was the last time Nigerians saw Nnamdi Kanu in his house. That’s what you call the ‘doctrine of the last scene’. So going by the doctrine of last seen, and the doctrine of ‘res ipsa loquitur’, it means that the last time Nigerians saw Nnamdi Kanu was when he was in his home in Umuahia and the military invaded that home and he has not been seen since then,” he added.
On Senator Abaribe’s application for the court to relieve him of his suretyship of Nnamdi Kanu, Ozekhome said: “That is where section 171 of the administration of the Criminal Justice Act comes into play.”
“The section says a surety can go back to court and apply and say ‘hello sir, discharge me from my suretyship obligation, … I can no longer see the person that I stood surety for because that person, after the invasion of his home, I’ve not seen him. Abaribe in law will be entitled to ask the court for such prayers.
“The question then comes; can you tell Senator Abaribe to produce a person that he cannot lay hands on? God forbid, let us assume Nnamdi Kanu was kidnapped and he’s in kidnappers’ den, can you call Abaribe and say ‘you must produce Nnamdi Kanu, even though we are aware that he’s in the kidnappers’ den?” he questioned.
By Mazi Edozie
For IPOB Writers
Biafra: The Court Can't Force Abaribe To Produce Who Has Been Kidnapped - Ozekhome Condemns FG's Invasion Of Kanu's Home
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Ozekhome Condemns FG's Invasion Of Kanu's Home
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Mr. Mike Ozekhome, a Senior Advocate of Nigeria, has stated that the court can not ask Senator Enyinnaya Abaribe to produce Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), who has gone missing since after the military invasion of his home residence in Afara-Ukwu Ibeku, Umuahia Abia State.
He faulted the military invasion of Mazi Nnamdi Kanu Home residence, maintaining that the Federal Government should have waited for the outcome of the legal process taken against Kanu.
He believes that the 'doctrine of the last scene' is actually in play since Nigerians last saw Nnamdi Kanu at his home residence before the military invasion of 14th September this year.
The Senior Advocate stated this on Channels Television's "Politics Today" following the absence of Nnamdi Kanu in court on Tuesday this week.
He said: “Now assuming that Nnamdi Kanu has breached every single material particular of those bails, what is the answer? The answer is again through the judicial process,”
“The Federal Government has already done the right thing through its lawyers that filed a motion before the same judge, Justice Binta Nyako, to say ‘my lord, Nnamdi Kanu has breached these bail conditions. The Federal Government should have waited for that legal process to accomplish rather than invade the home through the military.”
“When they (soldiers) penetrated the house, we saw that that was the last time Nigerians saw Nnamdi Kanu in his house. That’s what you call the ‘doctrine of the last scene’. So going by the doctrine of last seen, and the doctrine of ‘res ipsa loquitur’, it means that the last time Nigerians saw Nnamdi Kanu was when he was in his home in Umuahia and the military invaded that home and he has not been seen since then,” he added.
On Senator Abaribe’s application for the court to relieve him of his suretyship of Nnamdi Kanu, Ozekhome said: “That is where section 171 of the administration of the Criminal Justice Act comes into play.”
“The section says a surety can go back to court and apply and say ‘hello sir, discharge me from my suretyship obligation, … I can no longer see the person that I stood surety for because that person, after the invasion of his home, I’ve not seen him. Abaribe in law will be entitled to ask the court for such prayers.
“The question then comes; can you tell Senator Abaribe to produce a person that he cannot lay hands on? God forbid, let us assume Nnamdi Kanu was kidnapped and he’s in kidnappers’ den, can you call Abaribe and say ‘you must produce Nnamdi Kanu, even though we are aware that he’s in the kidnappers’ den?” he questioned.
By Mazi Edozie
For IPOB Writers
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