At a sitting before Ademola Adeniyi, the judge presiding over the case, counsel to the accused person, Egechukwu Obete prayed the court to set aside its order granted the SSS to remand Kanu in its custody for 90 days.
Obete confirmed to the court that a counter affidavit has been filed by the prosecuting counsel M. U. Ndakwo.
“We are praying this honourable court to set aside the order given by this court to remand the accused person in SSS custody. With due process my lord, there was an abuse of a court process,” Obete said.
He further said that his client was arrested in Lagos on October 14, arraigned before a magistrate court in Wuse zone 2 Abuja on October 19 and was later granted bail.
He said irrespective of the fact that all bail conditions granted his client by the magistrate was met two days after the bail was granted (October 21), his client remains in the custody of the SSS.
In agreement, counsel to the defendant said all stated by his colleague is correct but suggested that all motions be adopted before he can reply.
The defendant sought among others, a court order to strike out the suit pending the final order of the criminal charge before the magistrate court and an order admitting the applicant to bail in an order by the magistrate court.
He argued that the prosecution instead of going to an appeal court in grievance of the magistrate court ran to the Federal High Court breeching the law.
He advocated that the argument by the SSS is investigating Nnamdi Kanu on issues of terrorism and terrorism funding is peril, and must be squashed until the agency is able to produce evidences of their accusations.
“My lord the applicant has been on bail since October and for some reasons has been held since then. My Lord what is the essence of surety if an accused so granted bail is under continued detention?” Obete asked.
He said the continued detention of his client is a violation of Chapter 4 of the 1999 Constitution as amended.
Obete also told Naij.com that the aim for their presence in court is to pray the court to set aside an order given to the SSS to remand the accused for 90 days.
He said: “On November 10, while we were still at the magistrate court, the SSS surreptitiously came to court and obtained an order to remand my client.”
Obete said the SSS got the order by claiming that further investigation on Kanu is ongoing and needed more time (90 days) to remand the accused.
He added that the SSS claimed he is being investigated on issues of terrorism and terrorism funding.
“But that order also stated that anyone who feels aggrieved can come back to the court, and that’s why we are here,” Obete said.
Following this the judge adjourned the case to Monday, December 14 for further hearing on the matter.
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