Biafra: Court strikes out case, discharges Kanu
A Magistrate’s Court in Abuja has discharged the leader of the Indigenous People of Biafra (IPOB) and director of the outlawed Radio Biafra, Nnamdi Kanu, of the criminal charges against him.
Magistrate Shuaibu Usman yesterday ruled that by the provisions of Section 108 (a) of the Administration of Criminal Justice Act, 2015, where the prosecution withdraws the case before the accused person is called upon to make his defence, he shall be discharged of the offence.
He consequently struck out the case and discharged the accused person.
Kanu was on
October
19 charged before the court with criminal conspiracy, managing and belonging to an unlawful society, and criminal intimidation. The offences contravene Sections 97 (b), and 397 of the Penal Code.
But counsel to the Department of State Services (DSS), Moses Idakwo on November 10 obtained an order of a Federal High Court in Abuja to further detain Kanu for 90 days based on fresh terrorism findings. He therefore applied to withdraw the criminal case before the magistrate court.
However, Kanu’s counsel Egechukwu Obetta filed a fundamental rights enforcement application asking the court to vacate the order granting the DSS powers to detain him. Justice Adeniyi Ademola has fixed ruling on the application for today.