Special Assistant to President Muhammadu Buhari on Prosecution, Okoi Obono-Obla, has disclosed that sureties for leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu risk imprisonment if he failed to appear in court.
Following a ruling by the Federal High Court in Abuja granting Kanu bail on 25 April, Senator Enyinnaya Abaribe (PDP-Abia South) signed the bond for release of the IPOB leader.
Obono-Obla said the court could issue a warrant of arrest for the IPOB leader if he failed to appear in court for his trial.
He said: ”The Federal Government has already filed a motion to set aside the bail of Kanu.
”Following the military exercise carried out in Umuahia, Abia State and the subsequent proscription of IPOB, Nnamdi Kanu has not been seen and may have gone underground.
”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,” he told Sunday Telegraph.
The presidential aide noted that the implication of the failure of Kanu to appear in court on the next adjourned date on those who stood sureties for his recognisance is that his recognisance 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 said.