17th December, 2015
Justice Adeniyi Ademola of Federal High Court, Abuja on Thursday ordered the Department of State Services, DSS to immediately release director of Radio Biafra, Nnamdi Kanu from detention.
The court said it was illegal for the DSS to still be holding on to Kanu after an order of the court to free him.
According to the Judge, Kanu’s continued detention for about two months without any pending charges against him against the provisions of section 35(4) of the Constitution.
The judge also set aside an order granted the DSS on November 10, 2015 permitting the DSS to keep Kanu in its custody for 90 days.
It will be recalled that an Abuja Magistrate’s Court had on Wednesday struck out the charges instituted against a Kanu by the DSS.
This was after DSS applied for the discontinuance of the case to enable it to file charges of terrorism and terrorism financing against him.
However, Justice Ademola said the continued detention of the pro-Biafra leader showed that the DSS is not yet ready to proceed with trial or did not have enough grounds to prosecute him.