SAN FRANCISCO, December 17, (THEWILL) – Justice Adeniyi Ademola of the Federal High Court, Abuja on Thursday ordered the Department of State Services, DSS, to immediately release the Director of Radio Biafra and leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, from its detention.
Ruling on the fundamental right enforcement suit Kanu lodged before the court, the judge said there was no basis for the applicant to remain in custody since there is currently no charge pending against him.
Stressing that Kanu is entitled to his right to liberty as enshrined in section 35(1) (4) and (5) of the 1999 Constitution, as amended, he held that 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.
Kanu has been held in detention for at least 90 days despite an order granting him bail in October. After the lower court granted him bail, the DSS procured an order of the Federal High Court, Abuja, to keep him in detention. This led the court to grant DSS leave to detain the IPOB leader for 90 days. However, Kanu’s lawyer, Vincent Obetta, filed a counter application, seeking bail for the accused person.
Justice Ademola said there was 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, adding that available facts before him showed that the DSS was not minded to release Kanu on bail.
He therefore ordered the secret police to immediately grant unconditional bail to the applicant.
