Court rejects no-case submission, orders Nnamdi Kanu to open defence

The Federal High Court in Abuja has dismissed a no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), and ordered him to enter his defence in the terrorism charges brought against him by the federal government.

Delivering ruling on Friday, Justice James Omotosho held that the prosecution had established a prima facie case requiring the defendant to respond.

“I have carefully gone through the evidence presented by the prosecution. The evidence is such that the defendant ought to enter some explanation,” the judge said. “This is not to say that the defendant is guilty as charged, but he must be given the opportunity to exhaust his chances of explaining himself.”

Kanu’s counsel, Chief Kanu Agabi (SAN), had urged the court to dismiss the case, arguing that the prosecution failed to link his client’s statements with any acts of violence. He noted that none of the five prosecution witnesses, all Department of State Services (DSS) operatives, testified to being incited by Kanu or provided independent investigative reports.

Agabi also criticised the federal government for amending the charges against his client eight times without producing any witness to prove that Kanu’s Radio Biafra broadcasts amounted to incitement to terrorism. He maintained that the broadcasts merely urged people to defend themselves amid worsening insecurity.

But Justice Omotosho ruled that the testimonies and materials before the court could not be ignored and required the defendant to respond. He also dismissed Kanu’s claim of unlawful rendition, stating that no material evidence had been provided to substantiate the allegation.

“Consequently, this no-case submission is overruled and the defendant is hereby required to enter his defence,” the judge declared.

The case was adjourned to October 8 to allow consideration of a medical report by the Nigerian Medical Association (NMA) on Kanu’s health status. The court said the report would determine whether the IPOB leader is fit to stand trial.

Justice Omotosho further indicated that if Kanu is certified fit, the defence will be given nine consecutive days to open and close its case, with proceedings to continue on an accelerated basis.