Justice Adeniyi Ademola in a ruling on Kanu’s bail application held his continued detention for about two months without any pending charges against him against the provisions of section 35(4) of the Constitution.
The judge also set aside an order granted the DSS on November 10, 2015 permitting the DSS to keep Kanu in its custody for 90 days.
Earlier on Wednesday, a Magistrate’s Court in Wuse Zone 2 of the Federal Capital Territory on Wednesday struck out the charges instituted against a Kanu by the DSS.
The DSS had applied for the discontinuance of the case to enable it to file charges of terrorism and terrorism financing against him.
But Justice Ademola ruled on Thursday that with the continued detention of the pro-Biafra leader for over two months showed that the DSS lacked sufficient material to prosecute him or had yet to make up its mind to do so.