The ruling was earlier scheduled for December 1, 2015 but the presiding magistrate, Shuaibu Usman, could not sit because he was bereaved.
Findings by our correspondent on Monday showed that the ruling had been rescheduled for December 16.
The magistrate had on November 22, 2015 adjourned earlier date for his ruling on an application by the DSS through its lawyer, Mr. Moses Idakwo, to discontinue the case.
Idakwo had on November 22 applied for the discontinuance of the charges against Kanu in line with provisions of section 108(1) of the Administration of Criminal Justice Act 2015 due to what he described as fresh facts in the case which could not be entertained under the court’s jurisdiction.
On December 1, when ruling was scheduled to be delivered on the application, the magistrate who was said to be bereaved did not sit.
The DSS did not also produce the accused in court.
But despite the absence of Kanu from court, there were some of his supporters waving Biafra flag in front of the court premises.
They also held placards bearing inscriptions of solidarity for Kanu.
There was also a detachment of policemen, numbering close to 60 on ground, to monitor the conduct of the Biafra supporters.
The supporters peacefully left the usual point of convergence during previous court sessions at about 9.45am, apparently after realising that Kanu would not be produced in court and that the court would not sit.
Kanu’s lawyers, led by Mr. Jude Aboje, had during the hearing on November 22 opposed the application for discontinuance of the case, demanding that the orders of the court directing the release of the accused from DSS custody must be complied with before the case was struck out.
