Biafra: Kanu Moves Against 90 Days Detention Order
SAN FRANCISCO, December 08, (THEWILL) – The self-acclaimed Biafran Republic leader, Nnamdi Kalu, has asked a Federal High Court sitting in Abuja to set aside an order earlier granted to the operatives of the State Security Service (SSS) to detain him for 90 days on alleged investigation of terrorism against him by the Federal Government.
Kanu, founder of the Radio Biafra and the director-general of the Indigenous People of Biafran Republic, also asked the court to strike out a criminal charge with reference No. FHC/ABJ/CS/873/2015 brought against him by the SSS.
In a motion on notice argued before Justice Adeniyi Ademola, Kanu applied for an order of the court admitting him to bail and also directing the SSS to obey an order of the Chief Magistrate Court, which had earlier granted him bail.
Kanu through his counsel, Egechukwu Obetta, claimed that the order of the Federal High Court that permitted the SSS to detain him for 90 days pending the investigation of terrorism allegations against him was obtained fraudulently by the SSS.
The grounds of Kanu’s application was among others, that the ex parte motion dated and filed on October 26, 2015, by the SSS and upon which the permission to detain him was granted was an abuse of court process brought in complete bad fate.
The detained Biafran leader alleged that the SSS did not reveal to the Federal High Court the fact of the pendency of a criminal charge already brought against him by the SSS in the Abuja Chief Magistrate Court.
He also claimed that the SSS suppress the facts of the active pendency of the criminal action the Chief Magistrate Court had granted him but which the SSS had deliberately refused to comply with the bail order.
Kanu also claimed that the magistrate, where he was arraigned by SSS, 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 Biafran leader on the ground 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 in spite 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 ground 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 Adeniyi Ademola adjourned till Monday, December 14 for the SSS through its lawyer, Moses Idakwo to respond to the motion.