However, the court has been asked to move the case to a Federal High Court following the discovering of information that is beyond the jurisdiction of the magistrate court.
Prosecution counsel Moses Ndamo said the application for discontinuation at the lower court was based on Section 108 of the Administration of Criminal Justice Act (ACJA), adding that it was important to correct an impression Mr. Kanu’s lawyers were peddling publicly with regard to his application.
Defence counsel Vincent Egechukwu stated that the bail conditions for his client were too stringent but they had been able to get a Director in the Ministry of Environment with landed property within Garki or Wuse axis worth N20million, and submitted the relevant documents to DSS.
In response, the prosecution said that the document had been submitted to the Abuja Geographical Information System (AGIS) for verification, but that a reply had yet to be received.
The magistrate, Shuabu Usman, expressed his dissatisfaction with the prosecution counsel for creating unnecessary delay in the matter. He adjourned the case to next week Tuesday, December 1, when he will rule on the application for discontinuation of the case at the court.
Mr. Egechukwu disclosed the defence would challenge the counter-affidavit brought by the prosecutor obtained from a Federal High court to detain the accused for more than 90 days.
Hundreds of ‘Biafra’ supporters, chanting anti-government slogans stormed the court as early as 7.00am in solidarity Mr. Kanu, but strategically-positioned policemen were prevented them from gaining entry into the court.
Mr. Kanu is standing trial on charges of criminal conspiracy, managing and belonging to an unlawful society, and criminal intimidation, in violation of Sections 97, 97B and 397 of the penal code.