23rd November, 2015
The Department of State Services (DSS) on Monday requested a Wuse Zone 2 Senior Magistrates’ Court in Abuja to discontinue trial of Nnamdi Kanu, Director of Radio Biafra, charged with criminal conspiracy.
Kanu is standing trial on a three-count charge of criminal conspiracy, intimidation and belonging to unlawful society, to which he pleaded not guilty.
At the resumed sitting of the case, prosecution counsel, Moses Idakwo, informed the court that after the arraignment of the accused, the complainant stumbled on some facts which took the matter out of the jurisdiction of the court.
According to him, the complainant found out that the accused was involved in terrorism and has been financing it.
“The complainant is, therefore, applying to discontinue the matter under section 108(1) of administration of criminal justice act 2015.”
Idakwo said that the DSS had also obtained an order from the Federal High Court, Abuja, dated Nov.10, to detain the accused in its custody for 90 days.
Objecting, Kanu’s counsel, Vincent Obetta, prayed the court not to discontinue the case because the prosecution did not present any information from the Attorney-General of Federation who had the authority to approve such.
Obetta told the court that the DSS violated the order of the court which granted bail that was perfected but not granted, adding that the accused had been in DSS custody since he was arrested.
Subsequently, the magistrate, Mr Usman Shuaibu, after listening to both counsels, adjourned the matter until Dec.1 for ruling.