Ejiofor also lamented that he has not been able to reach Kanu since the military stormed his Afara-Ukwu, Umuahia, Abia State home.
The lawyer, in a chat wit Sun, recalled that he got a call from Kanu on 14th September that army personnel were shooting sporadically around his house.
“I quickly issued a statement which was widely published on the social media alerting the world of what was going on; that my client was under siege as the military was shooting for over 40 minutes trying to gain access into the house.
“He called me again that they were at the gate shooting to gain access, I asked him to remain inside, while I continued to let the world know. That was our last communication and I never heard from him again after the attack. And the rest is now story.”
On the fate of the sureties who are expected to produce the IPOB leader in court, Ejiofor said they cannot be touched “because the circumstance that presented itself is such that had gone beyond the sureties’ control.
“In legal parlance, it’s called force majeure. It’s not a situation they would be able to control. The court is a human being; it can listen to our application. If at all this incident never took place and by tomorrow we start looking for Nnamdi Kanu, they will be told to go and produce him.
“But in this case, Nnamdi Kanu had been visible; moving around, going places, meeting people and was very certain of coming to Abuja before now to face trial, so, people who attacked him, killed people in his house, wounded people and arrested people, should be in a position to show us where he is.
“It now lies with the army; it’s out of the sureties hands, so they cannot be held liable.
“I am in communication with the sureties. They don’t have cause to express fears, because it’s not within their control. They don’t know anything about what happened. The people that should be held responsible are the military and the Federal Government; simple!
“I believe if at all they wanted to arrest him, they would have extended invitation to him saying we want you at this period to interrogate you; there is allegation of this and that offence, be it police, army or the DSS. But such thing never took place. So, what informed their going to his place to shoot and kill?”
Asked if he thinks security agencies would produce Kanu on October 17 in court, Ejiofor responded: “Forget about the lies they’ve been telling; they must produce him. If they have killed my client; they should come and tell the court. Then we will now know what to do, because he has to be given befitting burial if at all such thing happened. But God forbid!”