A Federal High Court sitting in Abuja has struck out the two count charge brought against the alleged mastermind of the Nyanya bombing, Aminu Ogwuche.

The case was struck out by Justice Adeniyi Ademola for want of diligent prosecution by the Inspector-General of Police and his prosecutors.

The suspect was however not discharged as he was still in the custody of the Department of State Security Service, DSS.

The hearing of his case for the implementation of his fundamental human right has been adjourned to December 5.

Ogwuche had urged the court to force the Attorney-General of the Federation and the SSS to either arraign him before a competent court or grant him freedom.

The suspect was however brought to court on Monday in obedience to an earlier order of the court.

Counsel to the accused, Ahmed Raji had argued that Section 35 of the 1999 Constitution is being violated by his continued detention since July 15 without trial.

The suspect was arrested in Sudan and brought to Nigeria on the July 15, 2014 on charges that he orchestrated the twin bombings in Nyanya, Abuja.

Soon after he was repatriated, the Department of State Service got a court order to keep the suspect in its custody for further investigations.

Curiously, however, the Inspector General of Police turned out to be his prosecutor.

The prosecuting counsel told the trial judge that the DSS is still raising charges against Ogwuche and will arraign him at the right time, a position that was strongly opposed by the accused who has filed a case alleging the violation of his fundamental rights.

Justice Ademola in his ruling ordered that Ogwuche be given medical attention and treatment in DSS custody or the National Hospital if the need arises and that he should be granted access to counsel of his choice.