Barely 24 hours after charge against him was struck out, the Federal High Court in Abuja, today, ordered the Department of State Service, DSS, to forthwith, release ?the detained ?leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu.?
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Ruling on the fundamental right enforcement suit Kanu lodged before the high court, Justice Ademola Adeniyi, said there was no basis for the applicant to remain in custody since there is currently no charge pending against him.
The court stressed that Kanu is entitled to his right to liberty as enshrined in section 35(1) (4) and (5) of the 1999 Constitution, as amended.
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According to the court, the continued detention of Kanu after two months without trial, violates Section 158 of the Administration of Criminal Justice Act 2015 and Section 35 of the 1999 Constitution.
Justice Ademola said there was no law permitting the DSS or any other security agency to detain any Nigerian beyond two months without any concrete move to try such person before a competent court.?
The judge said available facts before him showed that the DSS was not minded to release Kanu on bail?.?
He therefore ordered the DSS to immediately grant ?unconditional bail to the applicant.
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?The court had earlier granted the DSS leave to detain the IPOB leader for 90 days.
The order followed an application that was filed before the court by counsel to the DSS, Mr. Moses Idakwo, ?who insisted that the security agency needed the time to conclude investigation into fresh allegation that Kanu was into terrorism financing?.
?In a counter-affidavit he filed against Kanu’s suit, DSS, ?said its investigations revealed that the applicant who it identified as the brain behind recent clamour for the creation of ‘Biafra Republic’, has already received huge sums of money to purchase weapons.
It told the court that prior to his arrest, Kanu, had already made enquiries about prices of all the weapons he intended to buy.
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The counter-affidavit was deposed to by a senior officer with the DSS, Mr. Ayo Ibitoye, who averred that it would be in the interest of justice, peace and order, to allow the IPOB leader to remain in custody of the security agency.
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The argument was however rejected by the high court ?today.
?It will be recalled Kanu who is also the Director of Radio Biafra and Television, ?? was on October 17, arrested in Lagos by security operatives, shortly after he arrived Nigeria from his base in the United Kingdom.
He was subsequently arraigned before a Chief Magistrate Court in Abuja ?over allegation that he engaged in? criminal conspiracy, managed and belonged to an unlawful society.
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In the First ?Information Report, FIR, it entered before Chief Magistrate Shauibu Usman, FG, aside accusing Kanu of indulging in criminal intimidation, contrary ?to section 97 (a)&(b) and section 397 of the Penal Code, maintained that it has evidence that he was involved in terrorism financing.
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