Territory on Tuesday had to reschedule its ruling on whether
or not to strike out the charges instituted against the
Director of Radio Biafra, Mr. Nnamdi Kanu, .by the
Department of State Services.
The presiding magistrate, Shuaibu Usman, had on
November 22, 2015, adjourned till Monday for his ruling on
an application by the DSS through its lawyer, Mr. Moses
Idakwo, for the discontinuance of the case.
Kanu’s lawyers, led by Mr. Jude Aboje, had during the
hearing on November 22 opposed the application for
discontinuance of the case, demanding that the orders of
the court directing the release of the accused from the DSS
custody must be complied with before the case was struck
out.
On Tuesday, when ruling was scheduled to be delivered on
the application, the magistrate who was said to be bereaved
did not sit.
The DSS did not also produce the accused in court on
Tuesday.
But despite the absence of Kanu from court on Tuesday,
there was a large number of the pro-Biafran leader’s
supporters waving Biafran flags in front of the court
premises.
They also held placards bearing inscriptions of solidarity for
Kanu.
There was also a detachment of policemen numbering close
to 60 on the ground to monitor the conduct of the Biafran
supporters.
The supporters peacefully left the usual point of
convergence since the case started at about 9.45am
apparently after realising that Kanu would not be produced
in court and that the court would not sit.
The DSS’ lawyer, 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
court’s jurisdiction.
He said the prosecution intended to discontinue the case in
order to institute fresh charges against the accused before
the court with the requisite jurisdiction.
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.
But 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 order 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.
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.
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 an order only through an ex parte
application.
He also said the DSS had applied for the order before the
accused was granted bail.
The magistrate fixed December 1 for ruling on the
application for discontinuance of the charge.
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 of the government and people of Nigeria will
surfer should they attempt hinder the actualization of the
Republic of Biafra.
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