Leader of the Indigenous People of Biafra (IPOB), Mr Nnamdi Kanu, was on Tuesday, October 17, 2017, not present in court at the resumption of his treason trial.
At the Federal Capital Territory High Court in Abuja on Tuesday, the prosecution said the three people who provided surety should forfeit their bail bond and be imprisoned.
Mr. Kanu is facing trial along with three others, and a fourth co-defendant, Bright Chimezie, who is yet to be added to the list of defendants.
The Senator representing Abia-South Senatorial District of Abia State in the Senate, Enyinnaya Abaribe has applied to be discharged as Nnamdi Kanu's Surety.
Meanwhile, trial Justice Binta Nyako has commenced sitting. Now it's my turn to ask you: "where is your defendant?"
Kanu who was granted bail is now on the hiding.
Mr. Abaribe in his motion cited what he described as the invasion of Mr. Kanu's residence on September 11, during which a confrontation occurred between IPOB supporters and the Nigerian Army.
A statement in Awka by IPOB Media and Publicity Secretary, Comrade Emma Powerful, said by admitting publicly that soldiers were sent to Isiama Afaraukwu Ibeku to look for Kanu without any order or warrant from a court of law, Nigerian government had confirmed a breach of the law and the judicial process. But the army has denied that Kanu is in their custody.
The lawyers claimed that soldiers on September 14 invaded the IPOB leader's house "on a murderous raid, where live and mortar bullets were fired on unarmed and defenceless populace, leaving 28 persons dead and abducting many". Though Kanu is not in court, his co-defendants were brought by officials of Kuje Prison.
"The applicant lacks the capacity to produce a person stated by the first respondent to be a member of a terrorist organization or any person who the first respondent is reported to be interested in his whereabouts in the aftermath of the military operation in Abia state", Abaribe said in his application.
"The activities of the Nigerian Army as affecting the second defendant are matters of state secret incapable of being unravelled by the applicant, which activities have put the second defendant out of the reach of the applicant, such that the applicant can not reasonably be expected to produce the second defendant before this court".