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Posted By Admin On September 26th, 2025

Justice James Omotosho of the Federal High Court, Abuja, has dismissed the no case submission made by the leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu in the terrorism charges filed against him by the Federal Government.

The judge, while delivering ruling on Friday on the no case submission, held that the Department of State Services, DSS – prosecuting Kanu on behalf of the Federal Government – has established a prima facie case against the IPOB leader and that, he (Kanu) has questions to answer in the terrorism charge preferred against him.

Justice Omotosho held that it is in the best interest of Kanu to be given the opportunity to clear some issues raised against him in the terrorism charges.

Although the judge held that he had not evaluated the credibility of the witnesses who testified against Kanu and the avalanches of exhibits tendered during trial to determine their probate value, he was inclined to order the defendant to clear some grey issues.

Justice Omotosho gave the President of the Nigeria’s Medical Association, NMA, eight days to ascertain the IPOB leader’s health status – to determine his fitness to stand for trial.

He subsequently fixed October 8, 2025, for the court to receive the NMA report which will thereafter determine the date for continuation of trial.

Kanu had made a no case submission shortly after the Federal Government concluded presentation of its case against him after calling five witnesses and rendering some exhibits.

Kanu, through his lead lawyer, Chief Kanu Agabi, SAN, had on July 18, 2025, applied to the judge to throw away the terrorism charges against him on the ground that he was not properly and legally linked with any terrorism offences and asked the court to discharge and acquit him.

Among other arguments, Agabi said throughout the proceedings, no single witness was called to tell the court how he was incited by Kanu to resort to violence and that the five witnesses called during the trial, who are all DSS operatives, admitted that their roles were limited to obtaining statements from Kanu.

Agabi argued that 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.

The senior lawyer drew the attention of the court to the fact that the charges against Kanu were amended eight times, yet no one came to testify that he was instigated to violence.

Insisting that Kanu was only asking people to defend themselves from the wanton killings, Agabi argued that Kanu’s threat to bring the world down was mere boasting and should not be used against him to justify terrorism offences.

He argued that asking Nigerians to defend themselves is a constitutional right and has been re-echoed by other Nigerians, including General T. Y. Danjuma (rtd).

Agabi also faulted the solitary confinement of Kanu over the last four years, in violation of international law that states solitary confinement must not last more than 15 days.

Insisting that the ingredients of terrorism charges were not established throughout the trial, Agabi pleaded with the judge to hold that no prima facie case was made against Kanu to warrant ordering him to enter defence on the charges.

On its part, the Federal Government told the court that the threat by the Biafra nation agitator to break up the country and establish a Republic of Biafra was not a mere empty threat but a deliberate one.

The government said the detained IPOB leader made a broadcast on Radio Biafra where he openly and publicly declared his intention to break up Nigeria.

The Federal Government’s lawyer, Chief Adegboyega Awomolo, SAN, said, the broadcast by Kanu caused Nigerians to live in great fear and prayed Justice Omotosho to reject Kanu’s claims that he had no case to answer in the seven-count terrorism charges brought against him by the Federal Government.

Awomolo argued that boasting to break up Nigeria is a fundamental security issue for the nation and, as such, should not be considered an empty threat as claimed by Kanu.

Meanwhile, the court has ordered the President of the Nigeria Medical Association, NMA, to constitute a team of medical experts to ascertain the health status of the leader of the proscribed Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu.

The committee was given eight days to submit its report to the court for consideration on whether to transfer Kanu to the National Hospital for treatment or not.

Justice Omotosho, while issuing the order on Friday said, the committee should, among others, visit the Department of the State Service hospital to confirm whether it has the capacity to meet the health needs of the IPOB leader.

The judge said the NMA committee should be at liberty to make use of any hospital in the country to carry out its investigationsz adding that the committee should comprise between eight to 10 members of the NMA and shall include a cardiologist and a neurologist.

Besides, the judge ordered that the Chief Medical Director of the National hospital must also be a member of the committee.

The judge’s decision followed the divergent views held by the DSS and Kanu’s private consultants of who made different recommendations on his health status.

The IPOB leader has been in detention since he was brought back to Nigeria from Kenya in June 2021.

Source: https://dailypost.ng/2025/09/26/court-dismisses-nnamdi-kanus-no-case-submission/