BARELY five days after a Federal High
Court in Abuja ordered the Federal
Government to immediately release
the detained Pro-Biafra leader, Nnamdi
Kanu, the Department of State Security
Service, DSS is yet to release the
embattled Biafran Leader.
A highly placed security source
yesterday confirmed to Nigerian Pilot
that Nnamdi Kanu was still in custody
of the DSS. According to the source,
the DSS is waiting for the true certified
copy of the judgement before they will
take appropriate action on the matter,
explaining hat a decision will certainly
be reached on the matter today.
Kanu, who has been in the custody
of the DSS for over three months over allegations of terrorism and belonging
to an unlawful assembly, approached
the court for the enforcement of his
fundamental human right.
Delivering its ruling on the application,
Justice Adeniyi Ademola had held that
the continued detention of Kanu without
arraignment in a court of competent
jurisdiction was contrary to Section 34
of the 1999 Constitution of the Federal
Republic of Nigeria.
Consequently, he ordered for Kanu’s
unconditional release by the DSS. “This
court’s order of November 10, 2015 is
hereby set aside.
“The applicant having regard to
confirmation made by the prosecution
that the applicant has no charge before
any court of law in this country, this
court hereby releases the applicant
unconditionally,” Justice Ademola held.
Nigerian Pilot recalled that Chief
Magistrate, Shauibu Usman at Wusa
in Abuja had on Wednesday last week
threw out a one-count criminal charge
brought against the Director of Radio
Biafra and leader of the Indigenous
People of Biafra, IPOB, Mr. Nnamdi
Kanu, by the Federal Government.
The trial Magistrate in the ruling
discontinued the trial of Kanu, following
an application to that effect filed and
argued by the DSS’s counsel, Mr. Moses
Usman’s ruling is in line with the
request by the DSS to drop the charges
against the Biafran activist in order to
enable them pursue his trial at a Federal
High Court in Abuja that has original
jurisdiction on terrorism. The DSS had argued that the
Magistrate Court lacked the
jurisdiction, since they had obtained
the Federal High Court order to
detain him for 90 days based on
terrorism charges.
Before the case was struck out, Kanu
had been put on trial on criminal
conspiracy, managing and belonging
to an unlawful society and criminal
intimidation contrary to Section 97,
97B and 397 of the penal code.
The fact of the case, according
to DSS report was that the accused
formed an unlawful society with
the purpose of bringing into being a
Republic of Biafra.
He was alleged to have proclaimed
himself as the leader of the Republic
of Biafra and established a radio of
Kanu was also alleged to have
appointed himself Commander of
the Loyal Forces of Biafra and was
broadcasting to the whole world the
dire consequences of the government
and people of Nigeria will suffer
should they attempt hinder the
actualization of the Republic of Biafra.
In a motion on notice argued
before Justice Adeniyi Ademola,
Kanu had applied for an order of the
court admitting him to bail and also
directing the DSS to obey an order of
the Chief Magistrate Court which had
earlier granted him bail in the motion
argued by his counsel Mr. Egechukwu
Kanu claimed that the order of the
Federal High court that permitted
the SSS to detain him for 90 days
pending the investigation of terrorism
allegations against him was obtained
fraudulently by the SSS.
The grounds of Kanu’s application
was among others, that the exparte
motion dated and filed on Oct 26
by the DSS and upon which the
permission to detain him was granted
was an abuse of court process brought
in complete bad fate.
The detained Biafran leader alleged
that the DSS did not reveal to the
Federal High Court the fact of the
pendency of a criminal charge already
brought against him by the DSS in the
Abuja Chief Magistrate Court.
Kanu also claimed that the
magistrate where he was arraigned
by DSS was a creation of statute and
recognised under the law and that all
his decisions and proceedings ought
to be binding on all parties until set
aside on Appeal.
The Biafran leader in the grant
of his application also claimed that
the allegations of sponsoring and
financing terrorism against him was
a bare allegation and not supported
with any trade of evidence that he was
preparing to take up arms against the
Nigerian nation.
Kanu further claimed that his
continued detention in-spite of the
order of the Magistrate that release
him on bail was a trespass and in
violation of his basic freedom as
guarantee by the 1999 constitution.
He therefore urged the court to set
aside the order that he be detained for
90 days on the ground that Section
27 of the terrorism prevention act
2003 and any other provision which
empowers the court to make order
for his detention or any other person
beyond 24 hours without trial was
against the constitution