A Federal High Court in Abuja on Tuesday dismissed an application by the leader of pro-Biafra group, Nnamdi Kanu, for the retrieval of his items held by the Department of State Service.

The News Agency of Nigeria reports that the items include $2, 200, N87, 000 and Nigeria/British international passports.

Kanu, David Nwawusi and Benjamin Madubugwu were charged with treasonable felony, unlawful possession of firearms and conspiracy.

In his ruling, Justice John Tsoho, held that the application by Kanu for the release of the items lacked merit.

Tsoho held: “I have considered the submissions of both counsel to the parties and found that Section 10 (7) of the Administration of Criminal Justice, with which the objection of the prosecution hinges, is not applicable here.

“I also hold that the prosecution was wrong to assert that the applicant should have approached the Attorney-General of the Federation with the request for the release of the items.

“There is no doubt that the defendant (Kanu) that owns the said items has been formally arraigned before this court and, therefore, the court assumes total control of proceedings.

“Just as the prosecution is not confined to only witnesses listed in the matter, they are not also restricted to the 70 exhibits listed in the proof of evidence.

“In the circumstance, the prosecution was right to be in the custody of the items since we cannot tell whether or not those items could become relevant in the trial.

“The application, therefore, lacked merit and it is dismissed.”

Chief Chucks Muouma (SAN), Counsel to Kanu, filed the application seeking the release of the items because they were not listed as exhibits to be tendered in court.

Muouma said: “My Lord, we have sought the retrieval of the items because they will not be needed by the prosecution since they are not listed as part of exhibits to be tendered.

“My Lord, Section 10 (7) of the Administration of Criminal Justice, which forms the strength of the prosecution’s objection, is not relevant in the instant case as the applicant had been arraigned.

“The prosecution cannot continue to hold on to Kanu’s money as if to say he is standing Money Laundering trial.

“We urge the court to order the release of those items in the interest of justice.”

On his part, Mohammed Diri, the Prosecuting Counsel, urged the court to dismiss the application, saying that those items could still be used as evidence during the trial.

Diri said: “My Lord, this is not the appropriate time for the application.

“At best it should be brought when the prosecution has closed it case.

“The court should not close its eyes to the fact that the applicant sneaked into the country without the use of the two International Passports bearing his names.

“The court is therefore invited to take judicial notice of the travel documents as they have become real issues to worry about.”

The judge adjourned the matter till February 19 when the application for secret trial filed by the prosecution will be entertained.

In the interim, Tsoho ordered that the close relations of the three defendants should be allowed to attend the trial subject to thorough security screening.

Tsoho also ordered that the defendants be returned to the Kuje Prison.

(NAN)

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