September 26, (THEWILL) — The Federal High Court in Abuja has dismissed a no-case submission filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, and ordered him to open his defence in the terrorism charges preferred against him by the Federal Government.
Kanu, who has been in the custody of the Department of State Services (DSS) since June 2021 following his re-arrest in Kenya and extradition to Nigeria, is standing trial on a seven-count amended charge bordering on treason and terrorism.
Through his counsel, former Attorney-General of the Federation, Chief Kanu Agabi (SAN), the IPOB leader argued that the prosecution failed to establish a prima facie case, noting that all five witnesses were DSS operatives who merely obtained statements from him.
He further contended that despite amending the charge eight times, the Federal Government had not presented any victim of the alleged violence in court.
Kanu also maintained that his broadcasts were misinterpreted as incitement, stressing that he only urged people to defend themselves against attacks.
He questioned the legality of IPOB’s proscription, alleged violation of human rights due to prolonged solitary confinement, and challenged the importation charge relating to a radio transmitter.
Opposing the application, prosecution counsel, Adegboyega Awomolo (SAN), urged the court to dismiss the plea, insisting that Kanu’s own audio and video recordings showed he admitted to leading a proscribed organisation and making inflammatory statements that contributed to the deaths of about 170 security personnel.
Delivering ruling on Friday, Justice James Omotosho held that the prosecution had made out a prima facie case, compelling Kanu to respond to the allegations.
The court ordered him to open his defence on October 8.
Meanwhile, in a separate ruling, Justice Omotosho directed the Nigerian Medical Association (NMA) to constitute a team of between 8 and 10 medical experts, including the Chief Medical Director of the National Hospital, Abuja, a cardiologist, and a neurologist, to evaluate Kanu’s health status within eight days.
The directive followed an ex parte application by Kanu’s counsel, who raised concerns about his deteriorating health and sought his transfer to the National Hospital for urgent treatment.
The court ruled that the NMA panel could use any hospital in the country to conduct the assessment.
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