An Abuja magistrate court has struck out the criminal charges levelled against Director of Radio Biafra Nnamdi Kanu.
Justice Shaibu Usman in his ruling averred that since the prosecution had filed for a discontinuance, as a result emerging facts in the investigation of the criminal matter citing Section 108 of the Administration of Criminal Justice Act, the accused is discharged and the case strucked out.
The magistrate had on November 22, 2015, adjourned for his ruling on an application by the
DSS through its lawyer, Moses Idakwo, to discontinue the case.
The ruling was earlier scheduled for December 1, 2015 but the presiding magistrate, Shuaibu Usman, could not sit because he was bereaved.
Idakwo had on November 22 applied for the discontinuance of the charges against Kanu in line with provisions of section 108(1) of the Administration of Criminal Justice Act 2015 due to what he described as fresh facts in the case which could not be entertained under the court’s jurisdiction.
Kanu was arrested on October 18, 2015 and was arraigned for alleged criminal conspiracy, managing and belonging to an unlawful society and criminal intimidation contrary to sections 97 and 397 of the penal code.
Meanwhile the self acclaimed Biafran Republic leader has asked a Federal High Court sitting in Abuja to set aside an order earlier granted to the operatives of the State Security Service (SSS) to detain him for 90 days on alleged investigation of terrorism against him by the Federal Government.
Justice Adeniyi Ademola is expected to entertain the matter on Thursday December 17, 2015.
He is also asking the court to strike out a criminal charge with reference no FHC/ABJ/ CS/873/2015 brought against him by the SSS.