The Federal Government has threatened to imprison all those who facilitated the release of the leader of Indigenous People of Biafra (IPOB), Nnamdi Kanu by posing as his sureties, if he fails to appear in court at the next trial date. The Special Assistant to the President on Prosecution, Chief Okoi Obono-Obla stated this in an exclusive chat with Telegraph on the implications of Kanu's failure to appear in court at the next sitting.
The statement followed claims by Nnamdi Kanu's lawyer that the whereabouts of his client was unknown. He alleged that his client may have been killed by security agencies.
Chief Obono-Obla accused Kanu of breaching all his bail conditions and hinted that the Federal Government had already approached the court to set aside his bail. He explained that at the next sitting, if Kanu fails to appear in court then those that stood surety for him would be imprisoned.
“The Federal Government has already filed a motion to set aside the bail of Kanu. So it is not likely that he will appear in court on the next adjourned day for fear of being arrested by the police or security agencies. Kanu had sureties that entered into recognizance or signed bail bonds as ordered by the court that led to his release."
“What is a recognizance? In law, recognizance is a security entered into before a court with a condition to perform some act required by law; on failure to perform that act a sum is forfeited. The position of the law as provided under Section 173 (1) of the Administration of Criminal Justice Act, 2015, is that a defendant whom recognizance was entered on his behalf and who is subsequently released on bail is bound to appear before the court at every time and place to which during the course of the proceedings, the hearing may from time to time be adjourned."
The court also may issue a warrant of arrest where a defendant (Kanu) bound by a recognizance or bond fails to appear before a court or police station. It follows that if Kanu fails to appear before the Federal High Court on the next adjourned date, the Judge will likely order a warrant for his arrest. he implication of the failure of Kanu to appear in court on the next adjourned date on those who stood sureties for his recognizance is that his recognizance shall be forfeited.
The court shall order his bond entered by his sureties to pay the penalty or to show sufficient cause why the penalty should not be paid.
“It follows that Kanu’s three sureties will be ordered to pay N100 million each. Where sufficient cause is not shown by the sureties or the persons bound and the penalty is not paid, the court may recover the penalty from the person bound or from his estate if he is dead, in the manner laid down in the Administration of Criminal Justice Act, 2015 for the recovery of fine. However, where the penalty is not paid and cannot be recovered in the manner laid down by the law, the person bound shall be liable to imprisonment for a term not exceeding six months” he added
