The Federal Government on Friday urged the Federal High Court in Abuja to dismiss the no-case submission filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, and order him to open his defence in the terrorism charges brought against him.
Prosecuting counsel, Chief Adegboyega Awomolo (SAN), argued that the government had established a prima facie case against Kanu, stating that the IPOB leader’s actions led to “widespread destruction and the death of at least 170 security officers.” He contended that Kanu’s inflammatory broadcasts went beyond mere boasting, inciting real violence.
“Why will somebody say a terrorist, who boasted that security men and other people should be killed, should be allowed to go free?” Awomolo asked, dismissing the defence’s characterization of Kanu’s words as harmless exaggeration.
Awomolo told Justice James Omotosho that video and audio recordings submitted by the prosecution show Kanu admitting to being the leader of IPOB—a group already proscribed by the government. He added that Kanu also called for violent actions and secession, which in turn led to killings, particularly of security agents.
Defence Rejects Claims as Unfounded
In response, Kanu’s lead counsel, Godwin Agabi (SAN), maintained that the prosecution had failed to prove any element of the charges. He said no witness testified to being incited by Kanu’s words and no direct link had been established between his broadcasts and the alleged killings.
“He was just boasting. He said, ‘I can bring the world to a standstill.’ You don’t prosecute a man for boasting,” Agabi argued.
The defence also challenged the credibility of the prosecution’s witnesses—most of whom were from the Department of State Services (DSS)—pointing out that they frequently responded with “I don’t know,” or “I don’t remember” under cross-examination.
Agabi further questioned the validity of the proscription of IPOB, claiming there was no evidence of presidential approval, which is legally required. He also noted that the Court of Appeal had ruled on related charges, such as the alleged illegal importation of a transmitter, stripping the trial court of jurisdiction over that matter.
Solitary Confinement and Human Rights Concerns
Raising human rights concerns, the defence argued that Kanu had been in solitary confinement for over six years, which exceeds internationally accepted standards and had allegedly impacted his mental well-being.
“He is no longer normal on account of his solitary confinement,” Agabi told the court, suggesting that his prolonged detention violates international law.
Prosecution Counters Defence Delay Claims
Awomolo, however, blamed Kanu’s legal team for the delays in the trial process, accusing them of engaging in “shenanigans” for over three years.
“Their case that this has lasted 10 years is not true. They are the cause of the delay,” Awomolo insisted.
He emphasized that the burden at this stage is not to prove guilt beyond reasonable doubt, but to determine whether sufficient evidence exists for Kanu to enter a defence.
Court Adjourns Ruling to October 10
Justice James Omotosho adjourned proceedings until October 10, when he will deliver a ruling on whether to dismiss the charges or order the defendant to enter his defence.
The ruling will determine the next phase in the long-running and politically sensitive trial of the secessionist leader.
