Justice Nyako gave the ruling after listening to arguments on the application.
Justice Binta Nyako of the Federal High Court sitting in Abuja on Wednesday, fixed May 20, to rule on the application seeking to transfer the leader of the Indigenous People of Biafra, Nnamdi Kanu to a correctional centre.
Kanu had asked the court to send him to Kuje prison.
Justice Nyako gave the ruling after listening to arguments on the application.
During the court proceedings on Wednesday, Kanu's counsel, Alloy Ejimakor, moved the application to prepare him for trial, insisting that his continued detention in the Department of State Services (DSS) custody would mitigate the accelerated hearing ordered by the court.
According to Ejimakor, his client’s rights to a fair trial were being disrespected. He said there was a need for his client to prepare well for the trial, but that it was difficult for Kanu to do that in the DSS facility where he was being kept.
In moving the application, Ejimakor said, “We seek the transfer of the defendant from the DSS’ detention to a house arrest or other similar places of custody or similar law enforcement agency’s custody.
“It is important to do so, my lord. The application did not arrive in a vacuum. We made it orally and were directed to put it into writing. We are offering solutions to assist in accelerating hearings ordered by the court.
“It is not strange to have a defendant detained in a house arrest. Sambo Dasuki and El-Zakzaky have enjoyed this in the past.”
He also accused the DSS of having hidden cameras in the meeting room where Kanu and his lawyers should prepare for the trial.
Earlier, the trial judge threatened to adjourn the trial sine die, accusing the defence of delaying the trial.
Nyako said she would commence the trial when the defence was ready.
However, the prosecution counsel, Adegboyega Awolomo (SAN), urged the court to dismiss the application, saying that the defence had not stated cogent reasons why the application should be allowed.
After listening to all the submissions, Justice Nyako adjourned to May 20 to rule on both applications before the court and ordered that the prosecution should commence trial.
Before adjourning the case, the judge stood down the matter for 10 minutes to allow the defence lawyers to have a quick meeting with Kanu.