The Federal High Court in Abuja has dismissed the no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), in the terrorism case brought against him by the Federal Government.
Delivering the ruling on Friday, Justice James Omotosho held that the Department of State Services (DSS), which is prosecuting the case on behalf of the government, had established a prima facie case against Kanu. According to the Judge, the IPOB leader has questions to answer and should proceed to defend himself against the terrorism charges.
Justice Omotosho emphasized that the court had not yet evaluated the credibility of witnesses or the weight of the evidence presented, but determined that certain issues raised during the trial warrant a response from the defendant.
Medical Assessment Ordered
In a related development, the court also ordered the President of the Nigerian Medical Association (NMA) to set up a panel of medical experts to assess Kanu’s health condition and determine his fitness to stand trial.
The Judge directed that the NMA panel, which must include between eight and ten members—including a cardiologist, a neurologist, and the Chief Medical Director of the National Hospital—should inspect the DSS medical facility and submit its findings within eight days.
The outcome of this medical report will inform the court’s next steps, including whether to transfer Kanu to the National Hospital for further treatment. The court has scheduled October 8 to receive the report and possibly fix a date for the continuation of the trial.
Details of the No-Case Submission
Kanu’s legal team, led by Senior Advocate of Nigeria (SAN), Chief Kanu Agabi, had urged the court to dismiss the charges, arguing that the prosecution failed to link Kanu directly to any acts of terrorism.
Agabi contended that:
• No witness testified to being incited by Kanu.
• The five DSS witnesses admitted their role was limited to obtaining statements from the defendant.
• No investigation reports were submitted to support the terrorism allegations.
• The charges were amended eight times without substantial evidence linking Kanu to violent acts.
He further argued that Kanu’s remarks encouraging self-defence were constitutional and had been echoed by prominent figures like retired General T.Y. Danjuma. Agabi also criticized Kanu’s prolonged detention in solitary confinement, claiming it violates international human rights standards.
Federal Government’s Position
In response, the Federal Government’s lawyer, Chief Adegboyega Awomolo, SAN, maintained that Kanu’s actions went beyond rhetoric. He said the IPOB leader made deliberate threats to break up Nigeria through broadcasts on Biafra Radio, which instilled fear among citizens.
Awomolo insisted that such threats should be treated as serious national security concerns and not dismissed as mere “boasting.” He urged the court to reject the no-case submission and proceed with the trial.
Background
Nnamdi Kanu has been in detention since June 2021, following his controversial return to Nigeria from Kenya. The Federal Government has filed a seven-count charge bordering on terrorism against him, accusing him of incitement and attempting to destabilize the country.
With the court’s latest ruling, all eyes are now on the medical panel’s report and the continuation of a trial that has drawn both national and international attention.
