The absence of Magistrate Shuaibu Usman of the Wuse Zone 2 Senior Magistrates’ Court, Abuja on Tuesday, stalled the ruling on the continued detention of Mr. Nnamdi Kanu, Director of Radio Biafra by the Department of State Security (DSS).
Kanu, who is in the custody of the Department of State Security, DSS, is standing trial on a three-count charge of criminal conspiracy, intimidation and belonging to unlawful society, to which he pleaded not guilty.
The court did not give any reason on why the magistrate did not sit.
The defendant’s lawyer, Mr Vincent Obetta, who addressed journalists at the court premises, said several efforts to reach the magistrate on phone were not successful.
According to Obetta, the DSS should obey the subsisting order of the court to transfer his client to prison custody to enable him have access to him.
“DSS has refused to obey the court order to transfer my client to prison custody. “I call on the trial judge to order the DSS to transfer my client to prison custody.
“The DSS has flouted the court order which granted my client bail since Oct. 19,’’ he said.
At the last sitting on Nov. 23, the DSS had requested the court to discontinue trial. Prosecution counsel, Moses Idakwo, had informed the court that after the arraignment of the defendant, the complainant stumbled on some facts which took the matter out of the jurisdiction of the magistrates’ court.
The DSS counsel informed the court that fresh evidence obtained by the Service shows that the accused was involved in terrorism and has been financing it, while stating that the DSS had also obtained an order from the Federal High Court, Abuja, dated Nov.10, to detain the accused in its custody for 90 days.
Obetta, had objected to the application by the DSS and prayed the court not to discontinue the case. He had argued that the prosecution did not present any information from the Attorney-General of Federation who had the authority to approve such.
The magistrate had adjourned the matter for ruling till Dec. 1.