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 avalanche 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 8 days to ascertain IPOB leader’s health status to determine his fitness to stand for trial.
He subsequently fixed October 8 for the Court to receive the NMA report which will thereafter be used to determine a date for continuation of trial.
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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 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 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 the threat to bring the world down by Kanu was mere boasting and should not be used against him to justify terrorism offences.
He said, 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 10 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 Biafra Radio Station 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 the claims of Kanu 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 hospital of the Department of the State Service (DSS) to confirm whether it has capacity to meet the health needs of the IPOB leader or not.
The Judge said, the NMA committee should be at liberty to make use of any hospital in the country to carry out its investigations and added that, the committee should comprise between 8 to 10 members of the NMA and shall have Cardiologist and Neurologist.
Besides, the Judge ordered that the Chief Medical Director of the National hospital must also be a member of the committee.
The decision of the Judge followed the divergent views held by the DSS and Kanu’s Private consultants 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.
