A federal high court in Abuja has ordered Ali Ndume, senator representing Borno south, to produce Abdulrasheed Maina, former chairman of the Pension Reform Task Team (PRTT), before the court.
Ndume had agreed to stand as a surety for Maina who is standing trial on 12 counts of alleged money laundering.
One of the terms of the surety is for the senator to accompany the defendant to the court on every date fixed for trial.
However, Maina who was released on July 28 after spending nine months in Kuje prison, has failed to present himself in court since the trial resumed on September 29.
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On October 2, Ndume told the court that he did not know the whereabouts of the defendant.
In a viral video released on October 9, Maina said he needed six weeks to recover from a knee cap injury.
When the case came up on Monday, the senator said he had been unable to locate Maina.
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He urged the court to issue a warrant of arrest against Maina, adding that he is ready to forfeit his freedom to ensure that the defendant is arrested and brought before the court
“My lord, I am constraint because I cannot take the law into my hand,” he said.
“I had reported to the DG SSS, the AIG of police investigation. I even wrote to police commissioner and I also reported the case to DPO of Jabi where the defendant resides.
“But my lord, even if I see Maina today, I can’t force him to come to court. I am appealing to you to issue a warrant on him.”
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Okon Abang, the trial judge, reminded Ndume that an arrest warrant against Maina would mean that he (Ndume) would be remanded until the defendant is found.
But the senator said: “I don’t mind my lord. My concern is to have him in court so that I can continue my life.”
Speaking further, Ndume said he had only met the defendant once before agreeing to stand surety for him.
He said as a senator representing Maina’s constituency, he was pressured into becoming his surety.
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“As a senator serving him (Maina), his family, wife, mother and uncle appealed to me to stand as a surety,” he said.
“I went to prison to confirm for myself whether he was actually sick and the prison officers told me that he was actually sick and appealed to me to be his surety so that he could have access to medical attention.
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“Orji Kalu when he was in prison then, Joshua Dariye, former governor of Taraba, Rev. Jolly Nyame, all appealed to me in the prison to assist him.
“It took me eight months my lord to take that decision. In fact, I had to be given an indemnity by his uncle; signed by me, him and a lawyer that Maina would always be in court.
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“He guaranteed but since that day, I went to Maitama hospital to check their record, I went to Abuja clinic, I went to the house he is purported to be living in Jabi, Abuja.
“This is one of the professional hazards we face as lawmakers, representing the good, the bad and the ugly. If I was not a serving senator, I wouldn’t have cause to stand as surety.
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“I am helpless before you my lord. I appeal that such innocent citizens like me holding a public office for over one million people should not be subjected to this,”
Farouk Abdullah, EFCC counsel, urged the court to revoke Maina’s bail and commence trial in absentia.
He also prayed the court to direct Ndume to forfeit the bail bond of N500 million.
Responding, Francis Oronsaye, Maina’s counsel, opposed the application by the prosecution counsel.
Although he admitted to not knowing the whereabouts of his client, he said information revealed that the defendant is receiving medical care.
“My lord, the information we have is that the Defendant is admitted in hospital after surgery. He said he was undergoing treatment after the surgery and the location was not disclosed,” Oronsaye said.
“We are also doing our best to get him (Maina) to come to court, my lord. We will also do our best to see that he comes to court.”
Ruling on the submissions of both counsel, the judge gave Ndume 21 days to produce the defendant or face the consequences.
The case has been adjourned to November 18 for continuation of trial.
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