The lead counsel to Nnamdi Kanu, Chief Kanu Agabi (SAN), has argued before the Federal High Court in Abuja that his client’s statements about breaking up Nigeria were nothing more than exaggerated rhetoric and do not amount to terrorism.
Agabi urged the court to dismiss the terrorism charges against Kanu, claiming that the prosecution failed to present any witness who could testify that Kanu incited violence. He noted that the five prosecution witnesses—all operatives of the Department of State Services (DSS)—only obtained statements from Kanu and did not provide evidence linking him to any violent act.
Furthermore, Agabi pointed out that no investigation was conducted into Kanu’s statements, nor was any report submitted to support the terrorism allegations. He emphasised that despite the charges being amended eight times, no witness came forward to claim they were incited to violence by Kanu.
According to the defence, Kanu’s statements were calls for self-defence in response to killings, which Agabi argued is a constitutional right. He referenced similar remarks made by notable figures, including retired General T. Y. Danjuma.
Agabi also criticised Kanu’s prolonged solitary confinement, stating that it violates international law, which limits solitary confinement to no more than 15 days.
He concluded by asserting that the elements required to establish terrorism were absent throughout the trial and asked the judge to find that no prima facie case had been made against Kanu.
Federal Government: Kanu’s Threat to Break Up Nigeria Was Real, Not Just Talk
In response, the Federal Government argued that Nnamdi Kanu’s declarations about breaking up Nigeria and creating a Biafran republic were serious and had real consequences.
Chief Adegboyega Awomolo (SAN), representing the government, told the court that Kanu publicly broadcast his intentions on Biafra Radio, instilling fear among Nigerians. He argued that the threat to break up Nigeria cannot be dismissed as mere boasting, as claimed by the defence.
Awomolo accused Kanu of inciting violence by directing his followers to attack police officers and their families. He said over 170 security personnel were killed following Kanu’s broadcast.
“The defendant openly identified himself as the leader of IPOB, a group already proscribed by law. He said Nigeria would come to a standstill. Such statements are not protected speech—they amount to threats meant to instill fear and destabilize the nation,” Awomolo argued.
He urged the court to dismiss the no-case submission by Kanu’s legal team and compel him to enter his defence in the 7-count terrorism charge brought against him.
Ruling Reserved
After hearing arguments from both sides, Justice James Omotosho reserved his ruling on the no-case submission until October 10.
