Relief finally came the way of Nnamdi Kanu, director of Radio Biafra and leader of IPOB as the Federal High Court in Abuja Thursday ordered his immediate release from the headquarters of the Department of State Security (DSS) where he is being detained.
Justice Adeniyi Ademola, who gave the order, said it was illegal for the DSS to still be holding Kanu after an order of the court to free him.
On Wednesday, a Wuse Zone 2 Senior Magistrates’ Court in Abuja struck out the case filed by the DSS on the ground that it lacked jurisdiction to hear the new case of terrorism prefered against Kanu by the Federal Government.
The News Agency of Nigeria recalls that the DSS had asked the court to discontinue the case.
The DSS had told the court after the arraignment of the accused that it had stumbled on some facts which took the matter out of the jurisdiction of the court.
According to the DSS, it was discovered that the accused was involved in terrorism and has been financing it.
The DSS also obtained an order from the Federal High Court, Abuja, dated November 10, to detain the accused in its custody for 90 days.
The complainant, therefore, applied to discontinue the matter under Section 108 (1) of Administration of Criminal Justice Act, 2015.
Kanu is standing trial on a three-count charge of criminal conspiracy, intimidation and belonging to unlawful society, to which he pleaded not guilty.
The Chief Magistrate, Usman Shuibu, in his ruling struck out the case.
Reacting to the ruling, counsel to the defendant, Vincent Obetta, said he was happy with the ruling given by the magistrate.