Court orders Nnamdi Kanu to open defence after losing no-case submission

The federal high court in Abuja has directed Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to enter his defence in the terrorism charge brought against him by the federal government.

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

Kanu Agabi, a senior advocate of Nigeria (SAN) and counsel to the IPOB leader, had prayed the court to dismiss the case, insisting that the government failed to prove any link between his client’s statements and acts of violence.

Agabi argued that none of the five witnesses presented during the trial — all Department of State Services (DSS) operatives — testified to being incited by Kanu.

He noted that their role was limited to obtaining statements from the defendant, without any independent investigation or supporting report.

The senior lawyer also criticised the government’s decision to repeatedly amend the charges — eight times in total — without producing a single witness to substantiate claims that Kanu’s broadcasts incited terrorism.

He noted that the defendant’s remarks on Radio Biafra merely urged people to defend themselves in the face of worsening insecurity.

But in his ruling, Omotosho said the evidence presented by the prosecution warranted an explanation from the accused.

“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 it is necessary to give him a fair hearing and allow him to exhaust his chances of explaining himself.

“As such, the court finds that a prima facie case has been established against the defendant, and the defendant will be required to enter his case.”

On Kanu’s claim that he had been unlawfully renditioned, the judge noted that no material evidence had been placed before the court to support the allegation.

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

The matter was adjourned to October 8 for consideration of a report by the Nigerian Medical Association (NMA) on Kanu’s health status.

Omotosho said the report would determine whether the defendant is fit to stand trial.

He added that if Kanu is certified fit, the case would proceed on an accelerated basis, with the defence allotted nine consecutive days to open and close its case.