Justice Ademola Adeniyi, in his ruling on the fundamental right enforcement suit lodged before the high court, said there was no basis for the Biafra agitator to remain in detention since there is no charge pending against him.
According to a report by Vanguard, 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.
The Court also stated that his continued detention after two months without trial, violates Section 158 of the Administration of Criminal Justice Act 2015 and Section 35 of the 1999 Constitution.
The Court also stated that his continued detention 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 state security service 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 also reinstated available facts before him which showed that the DSS was not minded to release Kanu on bail.
The court which had earlier granted the DSS leave to detain the Biafra agitator for 90 days has therefore ordered the DSS to immediately grant unconditional bail to the applicant.
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 financing of terrorism.
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.
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.
The argument was however rejected by the high court today.
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.
The argument was however rejected by the high court today.
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