A Magistrate’s Court in Wuse Zone 2 of the Federal Capital Territory on Tuesday had to reschedule its ruling on whether or not to strike out the charges instituted against the Director of Radio Biafra, Mr. Nnamdi Kanu, .by the Department of State Services.
The presiding magistrate, Shuaibu Usman, had on November 22, 2015, adjourned till Monday for his ruling on an application by the DSS through its lawyer, Mr. Moses Idakwo, for the discontinuance of the case.
Kanu’s lawyers, led by Mr. Jude Aboje, had during the hearing on November 22 opposed the application for discontinuance of the case, demanding that the orders of the court directing the release of the accused from the DSS custody must be complied with before the case was struck out.
On Tuesday, when ruling was scheduled to be delivered on the application, the magistrate who was said to be bereaved did not sit.
The DSS did not also produce the accused in court on Tuesday.
But despite the absence of Kanu from court on Tuesday, there was a large number of the pro-Biafran leader’s supporters waving Biafran flags in front of the court premises.
They also held placards bearing inscriptions of solidarity for Kanu.
There was also a detachment of policemen numbering close to 60 on the ground to monitor the conduct of the Biafran supporters.
The supporters peacefully left the usual point of convergence since the case started at about 9.45am apparently after realising that Kanu would not be produced in court and that the court would not sit.
The DSS’ lawyer, Idakwo, had on November 22 applied for the discontinuance of the charges against Kanu in line with the 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.
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.
But Aboje urged the magistrate not to grant the prosecution’s application until the order of the court granting bail to the accused person and the order 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.
He 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 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.
Replying on points of law, 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 an order only through an 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.
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.
Part of the particulars of the charges against Kanu was that he appointed himself Commander of the Loyal Forces of Biafra and was broadcasting to the whole world the dire consequences of the government and people of Nigeria will suffer should they attempt hinder the actualization of the Republic of Biafra.
