More Troubles For Nnamdi Kanu? DSS Files To Withdraw Case So As To File Higher Charges

Lawyers for a detained leader of Biafra agitation and
Director of Radio Biafra, Mr. Nnamdi Kanu, on Monday opposed an application by
the Department of State Services to withdraw the charges instituted against the
detainee before a Magistrate’s Court in Wuse Zone 2, Abuja.

The lawyers, led by Mr. Jude Aboje, told the court, presided
over by Chief Magistrate Shuaibu Usman, that they wanted the orders of the
court, directing the release of the accused from DSS custody, to be complied
with before the withdrawal of the case.

Aboje 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 obtain 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.

DSS lawyer, Mr. Moses Idakwo, had applied for the
discontinuation of the charge in line with 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.

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.

The DSS produced Kanu in court on Monday for the first time
after three previous sessions that held in his absence.

Kanu, who was led into the courtroom at about 10.25am, was
cheered by some of his supporters who were already seated.

Outside the court premises were a large number of his
loyalists, who hailed him as the vehicle in which he was driven in, arrived at
the court premises at about 10.21am.

There was heavy presence of riot and regular policemen
numbering over 100 around and along the inroads to the court.

The supporters chanted solidarity songs as he was driven
away after the proceedings. But he was not allowed to acknowledge cheers from
his supporters as he was pushed by DSS operatives into a waiting vehicle and
driven off immediately.

During the proceedings, which finally commenced with the
arrival of the magistrate at 10.42am, prosecution counsel, 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.

He said, “In order not to waste the time of this honourable
court, I will like to inform the court that the complainant has stumbled on
some facts, which take the matter out of the jurisdiction of this court.

“As a result, we are asking for the discontinuance of this
case in line with section 108 of the Administration of Criminal Justice Act.

“Coupled with the fact that the accused person has been
unable to perfect his bail condition and the fact that there is a court order
remanding him in the custody of the complainant, the complainant is ready to
expeditiously arraign him before the appropriate court.”

In response, Aboje said Idakwo had not fully complied with
the provisions of section 108(1) of the ACJ Act, which according to him,
requires the instruction of the Attorney-General of the Federation, directing
the discontinuance of the case to be filed before the court and served on the
defence.

Aboje also 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.

“We urge your worship not to allow the discontinuance of the
matter until they comply with all the subsisting orders of the court,” Aboje
said.

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.

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.