The Federal High Court in Abuja has dismissed a no-case submission by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), directing him to enter his defence in the terrorism charges filed against him by the Federal Government.
In a ruling delivered on Friday, Justice James Omotosho held that the prosecution had presented sufficient evidence requiring the defendant to respond.
“I have carefully reviewed the evidence presented by the prosecution. The defendant ought to provide an explanation,” the judge said. “This does not amount to a declaration of guilt but ensures fair hearing by allowing him to exhaust his right of defence.”
Kanu’s lead counsel, Chief Kanu Agabi (SAN), had urged the court to terminate the case, contending that the government failed to show any nexus between his client’s statements and acts of violence. He argued that none of the five prosecution witnesses—all operatives of the Department of State Services (DSS)—testified to being incited by Kanu, noting their role was limited to taking statements without conducting independent investigations.
Agabi also criticised the government for amending the charges eight times without producing a single witness linking Kanu’s broadcasts on Radio Biafra to terrorism, maintaining that the IPOB leader merely encouraged people to defend themselves in the face of insecurity.
But Justice Omotosho ruled that the submissions were not enough to absolve the defendant at this stage. He further noted that Kanu’s claim of unlawful rendition had not been substantiated with any material evidence.
Consequently, the court overruled the no-case submission and ordered the IPOB leader to enter his defence. The matter was adjourned to October 8 for the consideration of a Nigerian Medical Association (NMA) report on Kanu’s health status.
The judge added that if certified medically fit, the defendant’s trial would proceed on an accelerated basis, with nine consecutive days allocated for the defence to present its case.
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