Abuja court frees Nnamdi Kanu; as DSS drops charges

A Magistrate Court sitting in Abuja, Wednesday, discharged the charges preferred against the director of the Indigenous People of Biafra Nnamdi Kanu, by the Department of State Security (DSS).

At the ruling the chief magistrate, Shuaibu Usman struck out all criminal charges levelled against Kanu.

Usman said that since the State Security Services (SSS) through its lawyer Moses Idakwo had earlier filed for a discontinuation of the case, the accused is thereby discharged.

Citing section 108 of the Administration of the Criminal Justice Act, he said the case is struck out due emerging facts by the prosecutor on the matter under investigation.

On Monday, November 23, the SSS had filed an application for the discontinuation of the case against Kanu.

Idakwo during his submissions said the facts emerging from ongoing investigation by his client – the SSS – show that the case against the Biafra agitator cannot be entertained by the magistrate court.

He said that the magistrate court lacked the jurisdiction to handle such case. Kanu was arrested on October 14 on arriving Lagos, from the United Kingdom.

Following his arrest, he was arraigned by the SSS before chief magistrate Usman.

However, during the trial process, the SSS obtained an order from the Federal High Court to keep Kanu in their custody for a period of 90 days.

This, the SSS said, will enable it conduct investigation on Kanu following allegations of terrorism and terrorism funding.

However, on objection, Kanu’s counsel, Egechukwu Obetta also applied to the same Federal High Court presided by Ademola Adeniyi to revoke the order it had given to the SSS.

He argued that the prosecutor had fraudulently obtained the order during an ongoing trial of the accused person at the magistrate court. Adeniyi is expected to rule on the matter on Thursday, December 17.

Kanu has also prayed the court to strike out the criminal charge with reference number FHC/ABJ/ CS/873/2015 levelled against him by the SSS.

It would be recalled that a statement published on the website of Radio Biafra, Saturday, October 17, had accused the Department of State Services (DSS) of arresting Kanu immediately on arrival in Lagos.