As Case adjourned to Dec 14
Senator Iroegbu in Abujaâ€¨
The leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu, has asked the Federal High Court (FHC) sitting in Abuja to set aside an order earlier granted the operatives of the Department of Security Services (DSS) to detain him for 90 days on alleged investigation of terrorism brought against him by the federal government.
Kanu, who is also the founder of the Radio Biafra, asked the court to strike out a criminal charge with reference no FHC/ABJ/CS/873/2015 brought against him by the DSS.
In a motion on notice argued before Justice Adeniyi Ademola, the detained Biafran activist applied for an order of the court admitting him to bail and also directing the DSS to obey an order of the Chief Magistrate Court which had earlier granted him bail in the motion argued by his counsel, Mr. Egechukwu Obetta.
He claimed that the order of the FHC that permitted the DSS to detain him for 90 days pending the investigation of terrorism allegations against him was obtained fraudulently by the DSS.
The grounds of the defendant’s application was among others, that the ex parte motion dated and filed on October 26 by the DSS and upon which the permission to detain him was granted was an abuse of court process brought in complete bad fate.
Kanu alleged that the DSS did not reveal to the Federal High Court the fact of the pendency of a criminal charge already brought against him by the DSS in the Abuja Chief Magistrate Court.
He also claimed that the DSS suppressed the facts of the active pendency of the criminal action the Chief Magistrate Court had granted him but which the DSS had deliberately refused to comply with the bail order.
Kanu further claimed that the magistrate court where he was arraigned by DSS was a creation of statute and recognised under the law, and that all his decisions and proceedings ought to be binding on all parties until set aside on Appeal.
The IPOB coordinator in the grant of his application also claimed that the allegations of sponsoring and financing terrorism against him was a bare allegation and not supported with any trade of evidence that he was preparing to take up arms against the Nigerian nation.
Kanu further claimed that his continued detention inspite of the order of the magistrate that release him on bail was a trespass and in violation of his basic freedom as guarantee by the 1999 Constitution.
He therefore urged the court to set aside the order that he be detained for 90 days on the grounds that Section 27 of the terrorism prevention act 2003 and any other provision which empowers the court to make order for his detention or any other person beyond 24 hours without trial was against the constitution.
Justice Ademola has adjourned to December 14 for the counsel to the DSS, Mr. Moses Idakwu, to respond to the motion.
Posted by Gkelly