The Federal High sitting in Abuja on Friday dismissed the suit filed by the proscribed Indigenous Peoples of Biafra (IPOB), seeking an order to compel the Chief of Army Staff, Lt. General Tukur Burutai to produce Nnamdi Kanu in court to face his trial.
Trial court judge, Justice Binta Nyako while ruling on a fundamental human rights enforcement suit brought by IPOB lawyer Ifeanyi Ejiofor, ruled that the suit lack merit.
She said that the suit was anchored on the doctrine of last seen. The judge said the doctrine of last seen is mostly used in murder cases. She however,that in the instant case, the affidavit attached to the application did not state that the Chief of Army Staff, Lt. Gen. Burutai or any soldier was the last that saw Kanu before his disappearance.
“In the entire affidavit nowhere it was shown that the Chief of Army Staff General Burutai or any soldier was the last that saw Nnamdi Kanu before he was declared missing.” She added that the suit lack merit and she dismissed it.
Justice Nyako further noted that IPOB was not the right person to make such complaint in a matter where the defendant had secured his bail thorough guarantors.
“Ejiofor , the substantive matter has been adjourned to February 20 and the court had demanded that the guarantors must produce the defendant in court to face his trial”, she added.
Nnamdi Kanu,Chidi Ebere Onwudiwe, Benjamin Madubugwu, David Nwawusi and Bright Chimeze were facing a five count treasonable felony charge before Kanu disappeared.
IPOB claimed their leader who was admitted to bail on health ground was in his father compound on September 11,2017 when soldiers raided the compound that resulted in the killings of more than 20 of its members.