The Federal High Court also struck out six charges of treasonable felony brought against Kanu by the Department of State Services (DSS).
Kanu was arraigned in court today, January 20, 2016, on treason charges and other offences resulting from his agitation for the secession of a republic of Biafra from Nigeria.
Chuks Muoma (SAN), counsel to Kanu, in his argument said that his client should be detained in prison custody rather than by the DSS.
He argued that since his incarceration, his client has been kept incommunicado for three months within the confines of the DSS facility.
He further asked the court to send the accused to prison so that his family could visit him.
But, Mohammed Diri, counsel to the DSS in his objection said the accused should remain in DSS custody for security reasons.
Diri also asked the court strike out the charges that were filed against Kanu on Friday, December 18.
“We filed the first set of charges on December 18, and the second set of charges on December 23. The prosecution intend to withdraw the charges filed on December 18 and proceed with the charges filed on December 23,” Diri said.
After listening to both counsels, Justice John Tsoho ordered Kanu to be remanded in the custody of the Nigeria Prison Service, Kuje, pending his trial for treason.
“Having considered all submissions and application before the court and relying on the constitution, an accused person should be remanded in prison custody,” he said.
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