Reprieve for Kanu as court orders his release

In from Ahmed Boulor . . .

The leader of the Indigenous People of Biafra IPOB, Mr. Nnamdi Kanu can now heave a sigh of relief following an order by the Federal High Court today in Abuja to, forthwith, free the incarcerated leader.
Justice Ademola Adeniyi, said there was no basis for the applicant to remain in custody since there is currently no charge pending against him. Justice Adeniyi made that assertion while Ruling on the fundamental right enforcement suit Kanu lodged before the high court.
As enshrined in section 35(1) (4) and (5) of the 1999 Constitution, and amended, the court stressed that Kanu is entitled to his right to liberty.
The court said 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.
“There is 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.‎” Justice Ademola said.
Facts before the judge showed that the DSS was not minded to release Kanu on bail‎ and he therefore ordered the DSS to immediately grant ‎unconditional bail to the applicant.

Read also: Nnamdi Kanu, Biafra agitation and government buffoonery

‎Counsel to the DSS, Mr. Moses Idakwo, ‎had insisted that the security agency needed the time to conclude investigation into fresh allegation that Kanu was into terrorism financing‎ and her affirmation was followed by the court order granting the DSS leave to detain the IPOB leader for 90 days.
‎In a counter-affidavit it filed against Kanu’s suit, DSS, ‎said “Our 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.”
However, such claims and arguments were rejected by the high court ‎today following the inability of the FG to provide any evidence to support its allegations against Kanu.

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