The federal government has insisted that the threats made by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to break up Nigeria are not casual or empty threats.
During a court session at an Abuja federal high court on Friday, Adegboyega Awomolo, counsel to the federal government, prayed James Omotosho, presiding judge, to dismiss Kanu’s no-case submission and compel him to open his defence in the terrorism charges filed against him.
Awomolo told the court that Kanu, in a broadcast on Biafra Radio, openly declared his intention to disintegrate Nigeria and establish a sovereign Biafra.
He noted that the broadcast instilled fear and unrest among Nigerians, with severe consequences for the nation’s security.
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“The defendant made a broadcast. He proudly declared himself as IPOB leader even when he knew that IPOB had been proscribed. He made a broadcast that the world will come to a standstill,” Awomolo said.
According to him, Kanu’s words had tangible effects shortly after the broadcast, allegedly leading to the killing of over 170 security agents. He also claimed Kanu directed his followers to target police officers and their families.
“The law of Nigeria prohibits words capable of making Nigerians live in perpetual fear, threatening to bring Nigeria down. The aim is to create Biafra and not a mere boasting, and there are consequences for such boasting,” Awomolo argued.
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The prosecution noted that Kanu’s broadcast posed a real and immediate threat to Nigeria’s unity and public safety, describing the no-case application as “misplaced and misconceived”.
However, Kanu Agabi, the defendant’s lead counsel, challenged the prosecution’s position, arguing that the government had failed to establish a prima facie case against his client.
Agabi noted that none of the five witnesses presented during the trial testified to being incited to violence by Kanu.
He pointed out that all five were Department of State Services (DSS) operatives who merely obtained statements from the defendant.
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The senior advocate said no investigation whatsoever was carried out on Kanu’s statements, and no report of any investigation on terrorism allegations was made available to the court.
He also criticised the multiple amendments made to the charge (eight amendments in total), stating that despite the repeated changes, no witness had come forward to claim they were influenced by Kanu’s words.
Agabi contended that Kanu was simply urging people to “defend themselves” amid rising insecurity.
He said that asking Nigerians to defend themselves is a constitutional right and has been re-echoed by other Nigerians, including T. Y. Danjuma, a retired general.
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He dismissed Kanu’s remark about bringing the world to a standstill as mere boasting, not a basis for terrorism charges.
Agabi also faulted the prolonged solitary confinement of Kanu, claiming it violates international laws that prohibit solitary confinement beyond 15 days.
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Agabi urged the court to discharge and acquit Kanu, insisting the prosecution had failed to prove any element of terrorism.
Omotosho adjourned the matter to October 10 for ruling on the no-case submission.
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