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 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.
Following his arrest, he was arraigned by the SSS before chief magistrate Usman.
But 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.
But in an 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 said 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 asked the court to strike out the criminal charge with reference number FHC/ABJ/CS/873/2015 leveled against him by the SSS.
Recall that a statement published on the website of Radio Biafra on Saturday, October 17, disclosed the arrest of its director, Nnamdi Kanu, by the Department of State Services (DSS) as soon as he got to Nigeria from the United Kingdom.
AbleMoJah® Nigeria.
No comments:
Write comments