March 23, 2019

Court orders Nnamdi Kanu’s release from detention

Court orders Nnamdi Kanu’s release from detention

Barely 24 hours after charge against him was struck out, the Federal High Court in Abuja, today, ordered the Department of State Service, DSS, to forthwith, release ‎the detained ‎leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu.‎

Ruling on the fundamental right enforcement suit Kanu lodged before the high court, Justice Ademola Adeniyi, said there was no basis for the applicant to remain in custody since there is currently no charge pending against him.

The court stressed that Kanu is entitled to his right to liberty as enshrined in section 35(1) (4) and (5) of the 1999 Constitution, as amended.

According to the court, the continued detention of Kanu after two months without trial, violates Section 158 of the Administration of Criminal Justice Act 2015 and Section 35 of the 1999 Constitution.

Justice Ademola said there was no law permitting the DSS or any other security agency to detain any Nigerian beyond two months without any concrete move to try such person before a competent court.‎

The judge said available facts before him showed that the DSS was not minded to release Kanu on bail‎.‎ He therefore ordered the DSS to immediately grant ‎unconditional bail to the applicant. Read more

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