The Department of State Services has requested that the trial of Nnamdi Kanu, leader of the Indigenous People Of Biafra (IPOB), who is charged with criminal conspiracy, be stopped by a Wuse Zone 2 Senior Magistrates‘ court in Abuja.
The request was made by the DSS on Monday, November 23.
Kanu has pleaded not guilty to a three-count charge of criminal conspiracy, intimidation and belonging to unlawful society for which he is standing trial for.
However, as the trial resumed, the prosecution counsel, Moses Idakwo revealed that after the accused had been arraigned, the plaintiff came across some information that took the case out of the jurisdiction of the court therefore it should be discontinued.
He stated that the complainant had found the Kanu was involved in terrorism which he has also been financing.
The prosecutor sought to upgrade the charges brought against Kanu to terrorism which would require sitting at a higher court.
“In order not to waste the time of this honourable court, I will like to inform the court that the complainant has stumbled on some facts which take the matter out of the jurisdiction of this court.
“As a result, we are asking for the discontinuance of this case in line with section 108 of the Administration of Criminal Justice Act.
“Coupled with the fact that the accused person has been unable to perfect his bail condition and the fact that there is a court order remanding him in the custody of the complainant, the complainant is ready to expeditiously arraign him before the appropriate court.”
As justification for the continued incarceration of Nnamdi Kanu, Idakwo also said the DSS received an order from the Federal High Court, Abuja, dated November 10, to keep the accused in their custody for 90 days.
In disagreement, Kanu‘s lawyer, Vincent Obetta, requested the court not to throw out the case as the prosecution did not present any information from the Attorney-General of Federation who had the authority to approve such.
Obetta also informed the court that the DSS flouted the order of the court which granted bail, adding that all the requirements were met but not granted.
The magistrate, Mr Usman Shuaibu, after hearing out both counsels adjourned the case till December 1.