Although Kanu was produced in court in obedience to an order of the court, DSS asked the Abuja Chief Magistrate Court to hands off his trial on the grounds that it lacked jurisdiction to adjudicate on terrorism cases. The 90 days extension was granted by the court to enable investigation into allegations of acts of terrorism and financing of terrorism leveled against him by the Federal Government.
The trial Chief Magistrate, had at last sitting, ordered the DSS to produce Kanu in court.
When the case was called, counsel to the DSS, Mr. Moses Idakwo drew the attention of Chief Magistrate Shuaib Usman to the Federal High Court order of Justice Adeniyi Ademola granting further detention of Kanu for another 90 days.
However, Counsel to the accused person, Mr. Vincent Egechukwu Obeta objected vehemently to the order of the court and the application that the Magistrate Court steps down from Kanu’s trial.
He insisted that the bail earlier granted the accused person must be first complied with before any application for transfer of the case to a federal high court can be entertained.
Usman has, however, adjourned ruling on whether to step down from the trial or not till December 1.
The Magistrate Court had last week ordered the Department of the State Security Service (DSSS) to produce the leader of the Indigenous People of Biafra, Nnamdi Kanu unfailingly before the court yesterday to answer criminal charges brought against him by the federal government.
Chief Magistrate Shuaib Usman gave the order following the absence of the accused in court when the trial was to commence.
The DSS had last week refused to bring Kanu to court despite an order made on October 23 to that effect.
Magistrate Usman insisted that no trial can continue in a criminal case in the absence of the accused adding that the only condition that can make a court to excuse the absence of an accused has not come up.
Kanu is standing trial on Criminal conspiracy, managing and belonging to an unlawful society and criminal intimidation contrary to Section 97, 97B and 397 of the penal code.
The fact of the case, according to DSS report was that the accused formed an unlawful society with the purpose of bringing into being a Republic of Biafra.
He was alleged to have proclaimed himself as the leader of the Republic of Biafra and established a radio of Biafra.
Kanu was also alleged to have appointed himself Commander of the Loyal Forces of Biafra and was broadcasting to the whole world the dire consequences of the government and people of Nigeria will surfer should they attempt hinder the actualization of the Republic of Biafra.