Mr. Kanu, who is facing trial for alleged treason, was required to be produced in court by his sureties. He has not been seen after since September 2017.
Justice Binta Nyako had asked the sureties to either explain why their N100 million bond should not be forfeited, produce the defendant or be remanded in prison.
Although the court repeatedly made the order, the prosecution was yet to serve the defence counsel with the court summons on the matter.
Mrs. Nyako adjourned the case for the sureties to respond to the demand by the court.
At the resumption of the matter, however, a counsel for the sureties, Chukwuma_Machukwu Umeh, a Senior Advocate of Nigeria, said his client had not been served with court papers relating to the order made by the judge.
He therefore made a fresh application for an order of court demanding that the prosecution serves the sureties with copies of the order, as made by the court.
Mr. Umeh argued that responding to the verbal order could render the entire process legally defective.
The other lawyers in the defence team aligned themselves with Mr. Umeh’s application.