Biafran leader, Nnamdi Kalu yesterday asked the court to set aside an order of a Federal High Court in Abuja which granted the operatives of the Department of State Security Service, DSS to detain him for 90 days on alleged investigation of terrorism against him by the Federal Government.
Kanu, who is the founder of Radio Biafra and Director General of Indigenous People of Biafra, IPOB, also asked the court to strike out a criminal charge with reference no FHC/ABJ/CS/873/2015 brought against him by the DSS.
In a motion on notice argued before Justice Adeniyi Ademola, Kanu 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 Obetta.
Kanu claimed that the order of the Federal High court that permitted the DSS to detain him for 90 days pending the investigation of terrorism allegations against him was obtained fraudulently by the DSS.
The grounds of kanu’s application was among others, that the exparte motion dated and filed on October 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 SSS 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.
He also claimed that the DSS suppress the facts of the active pendency of the criminal action the Chief Magistrate Court had granted him but which the DSS had deliberately refused to comply with the bail order.
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 inspite of the order of the Magistrate that released him on bail was a trespass and in violation of his basic freedom as guaranteed 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.
Justice Adeniyi Ademola has adjourned till Monday, December 14 for the DSS lawyer, Mr. Moses Idakwu to respond to the motion.

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