The director of the Indigenous People of Biafra, Nnamdi kanu on Monday, December 7, approached a Federal High Court in Abuja to set aside an order permitting the State Security Services (SSS) to hold him for 90 days.
He sought another court order striking out the same suit by the SSS pending the final outcome of the criminal charge brought before the Magistrate Court in Wuse zone 2 Abuja presided over by the chief magistrate Usman Shuaibu in suit No: ABJ/CMC/CR/21/2015 – State Security Service Vs. Nnamdi Kanu.
He also asked the court give an order admitting the applicant to bail and directing the respondent to comply with the orders of the chief magistrate court which admitted the bail.
These reliefs by the defendant who was represented by his counsel Egechukwu Obete was sought on seven grounds.
The grounds are:
1 The motion ex-parte dated and filed on Monday, October 26, which the court heard and granted on Tuesday, November 10 is an abuse of court process brought in complete bad faith by the respondent and did not reveal to the Federal High Court that fact of pendency of a criminal charge brought by the SSS against Kanu.
2 The respondent suppressed the fact of the active pendency of a criminal action brought by the SSS against Kanu where the chief magistrate sitting in Abuja granted bail to the Biafra agitator but the Nigerian government deliberately refused to comply with the orders of the magistrate.
3 The order of this court was obtained fraudulently by the SSS.
4 The magistrate court where Kanu was arraigned is a creation of statute and recognised under the laws of Nigeria and all its decisions and proceedings bind the parties until set aside by an appeal.
5 No materials exists for the bare allegations made by the SSS that the accused person is a terrorist and is preparing to take arms against the Nigerian state.
6 The continued detention of the applicant in the face of an order of a court that Kanu be released is a trespass on the person of the applicant and a violation of the basic freedoms of Kanu as guaranteed by the constitution of the Federal Republic of Nigeria 1999 as amended.
7 Sections 27(1) of the Terrorism (Prevention) (Amendment) Act 2013 and any provision that the act which empowers the court to make an order for the detention of the Biafra agitator or anybody else any time beyond 24 hours without trial is Ultra vires the constitution as amended.
However, after hearing all submission by Egechukwu Obete, the defence counsel, the judge over the case Ademola Adeniyi adjourned the matter to Monday, December 14 for further hearing.
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