An Abuja Division of the Federal High Court presided over by Justice Binta Nyako on Tuesday refused to order the release of Senator Eyinnaya Abaribe who was arrested by state security operatives on June 22.
The senator, representing Abia South in the national assembly is believed to have been arrested in connection with the surety for the wanted leader of the Indigenous People of Biafra (IPOB).
Kanu has not been seen in public since security agents stormed his Isiama Afara home in Abia state in September 2017.
Justice Binta Nyako, had ordered all the sureties, including Senator Abaribe, to produce Kanu or go to jail in the courts last sitting.
Senator Abaribe was arrested by security operatives for alleged links with the IPOB members last week.
At the resumed hearing of the case on Tuesday, IPOB lawyer Ifeanyi Ejiofor asked the court to order the release of the Abia senator, describing his arrest as illegal and unconstitutional.
But in her ruling, Justice Nyako said she could not give the order for the senator’s release because she was not the one who ordered his arrest.
According to the judge, the circumstances that resulted in Abaribe’s recent arrest were not before her.
Senator Abaribe was escorted to the court by security operatives but was prevented from speaking with newsmen at the end of Tuesday’s proceedings.