Court Dismisses Kanu’s No Case Submission, Orders Him To Open Defence

The Federal High Court in Abuja on Friday dismissed a bid by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to terminate the terrorism trial against him.

Delivering the ruling on Friday, Justice James Omotosho held that the prosecution had established a prima facie case against Kanu, warranting him to respond to the allegations.

The judge ordered the IPOB leader to open his defence and fixed October 8 for commencement.

Kanu, through his legal team led by former Attorney-General of the Federation, Chief Kanu Agabi, a Senior Advocate of Nigeria, had urged the court to uphold a no-case submission, arguing that the Federal Government failed to present credible evidence linking him to terrorism or treasonable felony.

Agabi contended that the prosecution’s five witnesses, all Department of State Services (DSS) operatives, merely obtained statements from Kanu and could not testify that he incited any crime.

He noted that despite the charge being amended eight times, no victim of alleged violence was produced to testify.

The defence maintained that Kanu’s broadcasts were misconstrued as incitement, insisting he only called on people to defend themselves against attacks.

Agabi further argued that his prolonged solitary confinement for over six years breached international human rights standards, and questioned the legality of IPOB’s proscription without presidential approval.

On the importation charge relating to a radio transmitter, Agabi challenged the jurisdiction of the court.

However, the Federal Government, through its counsel, Chief Adegboyega Awomolo, a Senior Advocate of Nigeria opposed the application.

He urged the court to reject the no-case plea, stressing that Kanu had openly admitted, in video and audio recordings, to leading a proscribed group and making inflammatory broadcasts that encouraged violence.

Awomolo alleged that Kanu’s actions contributed to the deaths of no fewer than 170 security operatives, insisting that his words could not be dismissed as mere “boasting.”

He also argued that the legality of IPOB’s proscription was already before the Supreme Court and should not be revisited by the trial court.

Justice Omotosho, agreeing with the prosecution, dismissed Kanu’s application and ordered him to begin his defence.

The ruling, initially slated for October 10, was brought forward after Kanu’s lawyers filed an affidavit citing his deteriorating health in detention.