He argued that the application did not fulfil certain conditions spelt out in section 162 of the Criminal Justice Act, 2015. Diri said that Kanu might jump bail if released because according to his statement to the Department of State Services (DSS) he is a British citizen. “He sneaked into this country. He didn’t enter the country the proper way. He may sneak out,” he said. “I urge this court to refuse this application and order for accelerated hearing.” Kanu alongside Benjamin Madubugwu and David Nwawuisi is facing a six-count charge of treasonable felony. Count one of the charges reads:
“That you, Nnamdi Kanu and other unknown persons now at large in London, United Kingdom, between the year 2014 and September 2015, with intention to levy war against Nigeria in order tto force the president to change his measures of being the president of the federation, head of state and commander-in-chief of the armed forces of the federation as defined in section 3 of the constitution of the federal republic of Nigeria 1999 (as amended) by doing an act wit: Broadcast on Radio Biafra monitored by NBC for your preparations for the states in the southeast geo-political zone, south-south geo-political zone, the Igala community of Kogi and Idoma to secede from the federal republic of Nigeria and form themselves into a republic of Biafra, and thereby committed an offence punishable under section 41 (C) of the criminal code act, CAP C38 laws of the federation of Nigeria, 2004.” On December 23, 2015, he had refused to take his plea before Ahmed Mohammed, justice of the federal high court, Abuja, citing lack of confidence in the court.
This was after Adeniyi Ademola, another justice of the federal high court, Abuja, ordered the DSS to release him unconditionally, and after a chief magistrate court discharged and acquitted him of charges of criminal intimidation and management of an unlawful society.