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.
Kanu was on October 17, arrested in Lagos by security operatives, shortly after he arrived Nigeria from his base in the United Kingdom.
He was subsequently arraigned before a Chief Magistrate Court in Abuja over allegation that he engaged in criminal conspiracy, managed and belonged to an unlawful society.
In the First Information Report, FIR, it entered before Chief Magistrate Shauibu Usman, FG, aside accusing Kanu of indulging in criminal intimidation, contrary to section 97 (a)&(b) and section 397 of the Penal Code, maintained that it has evidence that he was involved in terrorism financing.
Credit: Vanguard
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