
This is just as the court dismissed an application before it seeking the Chief of Army Staff, Lt.-Gen. Tukur Buratai, to produce Mr. Kanu.
The ruling was delivered by Justice Binta Nyako.
Kanu lawyers, led by Mr. Ifeanyi Ejiofor, told the court that they have not seen or heard from their client since September 14, 2017, when the Nigerian Army invaded his house “on a murderous raid,
where life and mortar bullets were fired on unarmed and defenceless populace, leaving 28 persons dead and abducting many”.
Pursuant to section 40 of the Federal High Court Act, F12, LFN 2005 and section 6(6) (1) (4) of the 1999 constitution, as amended, Kanu’s lawyers applied for “an order of Habeas Corpus ad subjiciendum, commanding the Respondent (Buratai), to produce the Applicant in Court”.
Mr. Buratai, in a counter-affidavit he filed in opposition to the suit, told the court that Kanu was never in custody of the Nigeria Army.
The Chief of Army Staff told the court that the Nigerian Army did not at any time arrest or took Kanu into custody within the period the military operation lasted, even as he denied allegation that soldiers invaded the IPOB leader’s house in Afara-Ukwu Ibeku, Umuahia, Abia State.
A colonel attached to the Chief of Army’s office in the Army Headquarters, Abuja, Col. A.A Yusuf, who deposed to the counter-affidavit on behalf of Buratai, said the alleged invasion of Kanu’s house was totally false.
The Army boss told the court that his men only chased a truck he said was laden with arms and explosives of different kinds, into a compound he said was later discovered to belong to Kanu and his father.
In her ruling, Justice Nyako held that no evidence was placed before the court to prove that Kanu was in Army custody, adding that Ejiofor failed to convince the court that Kanu was seen with soldiers at any time.
She said “the doctrine of last seen”, which the applicant relied upon, eventhough applicable in murder cases, has no statutory backing.
Besides, the Judge noted that Kanu was listed in the suit as the main applicant.
Justice Nyako said she was surprised that someone that was said to be missing was the one seeking reliefs from the court, adding that the lawyers ought to have rather commenced the action “in the name of applicant”.
“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.
“This application fails and it is hereby dismissed. Be ready for your case”, the Judge held.
Immediately the ruling was delivered, Ejiofor demanded to know from the court what the next line of action would be in respect of Kanu’s pending trial, since his whereabouts has remained unknown.
Replying Ejiofor, 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”, the Judge added.
The court had earlier fixed February 20 for continuation of Kanu’s trial.
The IPOB leader is facing a five-count treasonable felony charge the Federal Government preferred against him and four other pro-Biafra agitators, Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie.
Already, Senator Enyinnaya Abaribe who was one of the three persons that stood surety for the IPOB leader has applied to be discharged by the court, insisting that he lacks the capacity to produce the defendant for continuation of his trial.
The court had on October 17, 2017, ordered Abaribe, a Jewish High Priest, Emmanu El- Salom Oka BenMadu, and an accountant, Tochukwu Uchendu, to produce the IPOB leader or face jail term/forfeiture of N100million they each deposited as bail bond.
Source: Headline.ng
0 $type={blogger}
Post a Comment
Thank you for reaching out to us. We are happy to receive your opinion and request. If you need advert or sponsored post, We’re excited you’re considering advertising or sponsoring a post on our blog. Your support is what keeps us going. With the current trend, it’s very obvious content marketing is the way to go. Banner advertising and trying to get customers through Google Adwords may get you customers but it has been proven beyond doubt that Content Marketing has more lasting benefits.
We offer majorly two types of advertising:
1. Sponsored Posts: If you are really interested in publishing a sponsored post or a press release, video content, advertorial or any other kind of sponsored post, then you are at the right place.
WHAT KIND OF SPONSORED POSTS DO WE ACCEPT?
Generally, a sponsored post can be any of the following:
Press release
Advertorial
Video content
Article
Interview
This kind of post is usually written to promote you or your business. However, we do prefer posts that naturally flow with the site’s general content. This means we can also promote artists, songs, cosmetic products and things that you love of all products or services.
DURATION & BONUSES
Every sponsored article will remain live on the site as long as this website exists. The duration is indefinite! Again, we will share your post on our social media channels and our email subscribers too will get to read your article. You’re exposing your article to our: Twitter followers, Facebook fans and other social networks.
We will also try as much as possible to optimize your post for search engines as well.
Submission of Materials : Sponsored post should be well written in English language and all materials must be delivered via electronic medium. All sponsored posts must be delivered via electronic version, either on disk or e-mail on Microsoft Word unless otherwise noted.
PRICING
The price largely depends on if you’re writing the content or we’re to do that. But if your are writing the content, it is $60 per article.
2. Banner Advertising: We also offer banner advertising in various sizes and of course, our prices are flexible. you may choose to for the weekly rate or simply buy your desired number of impressions.
Technical Details And Pricing
Banner Size 300 X 250 pixels : Appears on the home page and below all pages on the site.
Banner Size 728 X 90 pixels: Appears on the top right Corner of the homepage and all pages on the site.
Large rectangle Banner Size (336x280) : Appears on the home page and below all pages on the site.
Small square (200x200) : Appears on the right side of the home page and all pages on the site.
Half page (300x600) : Appears on the right side of the home page and all pages on the site.
Portrait (300x1050) : Appears on the right side of the home page and all pages on the site.
Billboard (970x250) : Appears on the home page.
Submission of Materials : Banner ads can be in jpeg, jpg and gif format. All materials must be deliverd via electronic medium. All ads must be delivered via electronic version, either on disk or e-mail in the ordered pixel dimensions unless otherwise noted.
For advertising offers, send an email with your name,company, website, country and advert or sponsored post you want to appear on our website to omodjk(at)gmail(dot)com
Normally, we should respond within 48 hours.