By Ikechukwu Nnochiri

ABUJA—SENATOR Enyinninya Abaribe was yesterday released after four days in the custody of the Department of State Services, DSS.

Senator Abaribe was released in the evening, yesterday, according to close associates. The senator, who is chairman of the Senate Southeast caucus could not be immediately reached as at press time yesterday.

Abaribe was arraigned yesterday at the Abuja
Division of the Federal High Court, with protesters besieging the court and demanding his release.

The senator was arrested and detained over his alleged link with the proscribed Indigenuos People of Biafra, IPOB.

Trial Justice Binta Nyako earlier refused an oral application the embattled lawmaker who is representing Abia South Senatorial District, made through his lawyer, Chukwuma-Machukwu Umeh, SAN, seeking the court’s intervention.

The development came on a day scores of protesters besieged the high court premises demanding the immediate release of the detained lawmaker.

The protesters who brandished various placards, maintained that Abaribe was victimized for being a vocal critic of the President Muhammadu Buhari-led administration.

The Senator who has been in detention for five days, was brought to court from DSS detention center for continuation of the trial of ‘missing’ leader of the IPOB, Nnamdi Kanu.

At the resumed proceeding, Umeh, SAN, drew attention of the trial Judge to Abaribe’s plight, lamenting that his client who was one of the three persons that stood as sureties for the IPOB leader, was arrested and held incommunicado by the DSS.

“May I orally apply that your lordship order the security service holding him to release him so that the tension outside can come down,” Umeh urged the court.

Abaribe’s arrest has nothing to do with my court—Judge

The prayer was however turned down by Justice Nyako who stressed that Abaribe’s arrest had nothing to do with the case before her court.

“The arrest has nothing to do with this case because I did not order his arrest. The DSS is not an extension of the court and I did not order his arrest”, Justice Nyako insisted.

“If he has been arrested without any justification, you know what to do. So don’t bring the drama outside to my court.

“I have nothing to do with the arrest. I did not make any order for his arrest, so it has nothing to do with me. How can I order his release when I don’t know what they arrested him for,” the Judge queried.

Nevertheless, Justice Nyako who asked both Abaribe and leader of the DSS   operatives that brought him to court to stand up for identification, ordered the security agency to grant the lawmaker access to his lawyers.

“You cannot hold him incommunicado. For whatever reason you have arrested him, allow him access to his counsel”, Justice Nyako  told the DSS team leader.

Order Police toproduce Kanu—Surety

Meanwhile, the case got a fresh twist  yesterday, as one of the sureties, Mr. Tochukwu Uchendu, applied for an order of court directing the Nigeria Police Force to arrest and produce Kanu for continuation of his trial.

In a motion on notice dated June 25, 2018, Uchendu through his lawyer, Mr. Frank Chude, also applied for an order suspending his obligation on the N100 million bail bond he deposited before the court until Kanu’s whereabout is established.

He anchored the motion on section 174 (A) and (B), 177 and 179 of the Administration of Criminal Justice Act, 2015 and section 36 of the 1999 constitution.

Following contention by Kanu’s lawyer, Mr. Ifeanyi Ejiofor, that he was not served with a copy of the motion, Justice Nyako adjourned the case till  November 14.

The Judge however expressed her dissatisfaction with the parties who she accused of employing delay tactics to frustrate speedy determination of Kanu’s trial.

Shortly after the proceeding ended, Abaribe who was clutching a book titled ‘Dirty Politics’, was led away by stern looking security operatives who blocked him from speaking with the press.

It will be recalled that Justice Nyako had on October 10, 2017, ordered the three sureties to show cause why they should not be committed to prison over Kanu’s repeated failure to appear for continuation of his trial, or why the N100 million they individually deposited to secure his bail should not be forfeited to the Federal Government.

Sureties at liberty to produce Kanu—Court

Alternatively, the court said the sureties were at liberty to produce the IPOB leader for his trial.

The order followed an application the Federal Government made pursuant to section 179 (1) of the Administration of Criminal Justice Act, ACJA, 2015.

Justice Nyako had on April 25, 2016, released Kanu on bail on health ground after he had spent a year and seven months in detention.

To secure Kanu’s release, Abaribe, Uchendu and a Jewish High Priest, Emmanu   El- Salom Oka BenMadu, on  April 28, signed an undertaking to ensure his attendance in court.

Abaribe had earlier prayed the court to de-list him as one of the sureties in the matter, stressing that Kanu “has not been seen again nor reached on phone by the Applicant, neither is he reported in any news media as seen by any person, nor made any statement on any issue.”

Kanu whose whereabouts has remained unknown since September last year, was hitherto facing five-count treasonable felony charge alongside four pro-Biafra agitators- Bright Chimezie, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi.