By Obinna Uballa
The Federal High Court in Abuja has dismissed a no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), and ordered him to open his defence in the terrorism case brought against him by the Federal Government.
Delivering ruling on Friday, Justice James Omotosho held that the prosecution had made out a prima facie case that required an answer from the defendant.
“I have carefully reviewed the evidence presented. The defendant ought to offer some explanation,” the judge said. “This does not amount to declaring him guilty, but to give him fair hearing to state his case. A prima facie case has been established.”
Kanu’s counsel, Chief Kanu Agabi (SAN), had urged the court to throw out the charge, arguing that none of the five prosecution witnesses, all Department of State Services (DSS) operatives, provided evidence that his client’s statements directly incited violence or terrorism.
He further noted that the charges had been amended eight times without a single witness linking Kanu’s broadcasts on Radio Biafra to acts of terrorism, insisting that his client merely urged people to defend themselves amid insecurity.
But Justice Omotosho ruled that the submissions were insufficient to discharge the case at this stage. He also held that Kanu had not placed material evidence before the court to substantiate his claim of unlawful rendition from abroad.
The matter has been adjourned to October 8 for consideration of a medical report by the Nigerian Medical Association on Kanu’s health status. The judge said if found fit, the IPOB leader’s defence would proceed on an accelerated basis, with nine consecutive days allocated for the hearings.
