Following an order of the court, the Department of State Security, DSS, yesterday, produced the detained Director of Radio Biafra and Television, Kanu.
Chief Magistrate Shauibu Usman had at the last adjourned date, berated the DSS over its failure to produce Kanu in court on two consecutive times the matter came up before the court.
Magistrate Usman said he was disappointed that the security agency refused to produce Kanu despite an express order of the court.
Consequently, he directed that the accused person must be brought before the court yesterday.
Meanwhile, at the resumed hearing on the matter yesterday, Kanu, who the government accused of engaging in criminal conspiracy, managing and belonging to an unlawful society, as well as indulging in criminal intimidation, contrary to section 97 (a)&(b) and section 397 of the Penal Code, begged to be transferred to prison custody.
His lawyer, Mr. Vincent Egechukwu Obeta, insisted that transferring his client to prison would enable him to have easy access to his legal team.
Obeta made the application shortly after the DSS, yesterday, urged the Magistrate Court to hands-off Kanu’s trial.
The DSS, through its lawyer, Mr Moses Idakwo, told the court that it has already secured an order of the Federal High Court in Abuja to further detain Kanu for another 90 days.
It said that the order which was granted by Justice Ademola Adeniyi, was to enable the government to conclude investigation into an allegation that Kanu was involved in terrorism financing.
Consequently, the DSS, yesterday, applied to withdraw the initial First Information Report, FIR, it lodged against Kanu before the Chief Magistrate Court.
The agency maintained that the government would file a fresh charge against Kanu before a higher court, once its ongoing investigation is concluded.
Idakwo therefore asked Magistrate Usman to step down from the trial on the ground that his court lacks the power and jurisdiction to prosecute terrorism charges.
The application was vehemently opposed by Kanu’s lawyer Obeta, who insisted that the bail earlier granted the accused person must firstly be complied with before any application for transfer of the case to a federal high court could be entertained.
After listening to both parties, Magistrate Usman adjourned the case till December 1 for ruling.
Kanu who was brought to court yesterday under heavy security, was on October 17, picked up in Lagos by security operatives, shortly after he arrived Nigeria from his base in the United Kingdom.
He had On October 19, pleaded not guilty to the FIR that was filed against him by the Nigerian government, and was subsequently granted him bail to the tune of N2million.
The court further directed the defendant to produce a civil servant of Grade Level 16, to stand as his surety.
However, following allegation that the DSS, refused to release the accused person after he had perfected the bail conditions, the Magistrate, in a ruling on October 23, ordered that he should be brought to court on November 18, an order that was not complied with.
Magistrate Usman insisted that no trial could continue in a criminal case in the absence of the accused, saying the only condition that could make a court to excuse the absence of an accused had not arisen.
He therefore ordered the DSS to ensure the presence of the defendant in court yesterday.
Specifically, Kanu, is standing trial on criminal conspiracy, managing and belonging to an unlawful society and criminal intimidation contrary to Section 97, 97B and 397 of the penal code.
The fact of the case, according to DSS report was that the accused formed an unlawful society with the purpose of bringing into being a Republic of Biafra.
He was alleged to have proclaimed himself as the leader of the Republic of Biafra and established a radio of Biafra.
Kanu was also alleged to have appointed himself Commander of the Loyal Forces of Biafra and was broadcasting to the whole world the dire consequences of the government and people of Nigeria will surfer should they attempt hinder the actualization of the Republic of Biafra.
0 comments :
Post a Comment