The Chief agitator for the Soverign State of Biafra Nnamdi Kanu is to remain in custody as DSS seek to transfer case to from the magistrate court custody.
At the hearing today, November 23, the prosecuting counsel said since the arraignment of the defendant, facts have emerged which would necessitate for the case to be taken out of the jurisdiction of the magistrates court. He asked the court for the permission to take the matter to another court.
He also said that “coupled with the fact that the accused person has been unable to perfect his bail… the complainant is expeditiously apply for the arraignment of the accused in the appropriate court”.
But one of the defending counsels, V. E Obeta told the court that the team of the defendant has been aligned and all discord settled. He said he and his team are appearing on the orders of the defendant.
Another defending counsel M. U Ibekwo said: “There is no way that they can be in pretense of violating the orders of the court.”
He said the SSS could not pick someone from Lagos, transport him to Abuja and violate the court and then suddenly stumble on new facts that would mandate that the case be transferred to a competent court of law. He argued that under the law, the SSS has no right to hold Kanu in their facility.
“But my Lord, today we noticed that the defendant was brought from the SSS custody instead of a prison facility as stipulated in the law,” Ibekwo said.
He said an ex-partie order by the SSS violated the proceedings and orders of the court.
“My lordship, there is no appeal against any of the orders that have been issued by this court whatsoever,” he said.
He prayed the court not to allow the discontinuance of the matter until compliance is made with the orders of the court.
In his arguments, the prosecuting counsel said that the prosecution did not need an instruction from the Attorney General of the Federation (AGF) to discontinue a case.
The accused stood throughout the proceeding without making any comment.
But the magistrate, Shuaibu Usman showed his dissatisfaction in the time taken by the case especially with the verification of the surety and property for bail.
The prosecuting counsel said the SSS has verified that the said surety works with the Ministry of Environment but that there are other matters arising.
The chief magistrate, Usman adjourned the matter to Tuesday, December 1, for ruling on the application to discontinue the case.
Meanwhile, there was heavy security pretense when Kanu appeared in court as supporters tried to touch and get close to him. The security operatives mostly armed search asked anyone who tried to enter the court for identification.