Federal High Court to rule on Kanu’s bail application today
Kanu, in the application, also wants the court to set aside an order permitting the DSS to remand him for 90 days in the first instance, pending the conclusion of the investigation on terrorism and terrorism financing allegations against him.
A Magistrate’s Court in Wuse Zone 2 of the Federal Capital Territory had on Wednesday struck out the charges instituted against Kanu by the Department of State Services.
The Chief Magistrate, Shuaibu Usman, struck out the charge after he granted the application by the DSS for the discontinuance of the case to enable the Federal Government to prefer its proposed charges of terrorism and terrorism funding against Kanu in the court of requisite jurisdiction.
Kanu was on October 19, 2015 arraigned on charges of criminal conspiracy, managing and belonging to an unlawful society as well as criminal intimidation, offences said to be contrary to Section 97 (a) and (b) and 397 of the Penal Code.
Part of the particulars of the charges against Kanu was that he appointed himself Commander of the Loyal Forces of Biafra and was broadcasting to the whole world the dire consequences the government and people of Nigeria will suffer should they attempt to hinder the actualisation of the Republic of Biafra.
The DSS, through its lawyer, Mr. Moses Idakwo, had on November 22 applied for the discontinuance of the charges against Kanu in line with the provisions of section 108(1) of the Administration of Criminal Justice Act 2015 due to what he described as fresh facts in the case which could not be entertained under the magistrate court’s jurisdiction.
Kanu’s lawyers, led by Mr. Jude Aboje, had however opposed the application for discontinuance of the case, demanding that the orders of the court directing the release of the accused from DSS custody must be complied with before the case could be struck out.
Aboje urged the magistrate not to grant the prosecution’s application until the order of the court granting bail to the accused person and the other directing DSS to relinquish custody of the accused person to prison authorities were complied with.
He accused the prosecution of not being diligent enough in the verification of the property presented by the surety for the bail granted his client.
He also accused the DSS of going behind his client to obtain an order from Justice Adeniyi Ademola of a Federal High Court in Abuja to keep the accused in custody for 90 days through an ex parte application, after the magistrate’s court had earlier granted him (Kanu) bail on October 19.
In response, Idakwo said contrary to the impression created by the defence lawyers, the accused persons had not met the bail conditions imposed by the court, as the DSS was still in the process of verifying the location and worth of the landed property presented by the surety as directed by the court.
Replying on points of law, Idakwo debunked the allegation of secretly obtaining the order of the Federal High Court to keep Kanu in custody, arguing that the law permitted the DSS to apply for such order only through ex parte application.
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