The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has formally submitted that he has no case to answer in the ongoing trial where he faces a seven-count charge bordering on terrorism and treasonable felony. This position was taken on Thursday, shortly after the Federal Government concluded its presentation of evidence before the Federal High Court sitting in Abuja.
The prosecution, led by Chief Adegboyega Awomolo, SAN, closed its case after the fifth and final prosecution witness, identified only as “EEE” for security reasons, completed his testimony. The witness, an operative of the Department of State Services (DSS), testified behind a protective screen and provided a damage assessment report allegedly linking Kanu’s broadcasts to violent incidents, including the deaths of 186 police officers and the destruction of 164 police stations during the 2020 EndSARS protests.
He stated that though he never met Kanu personally, he knew him through the media and was assigned to monitor and report on the aftermath of the protests, which the prosecution claims were influenced by Kanu’s online broadcasts. Items tendered as evidence included death certificates, destruction reports, and a certificate of compliance—all of which were admitted by the court despite objections raised by Kanu’s legal team.
After the prosecution announced it was satisfied with the evidence tendered and would call no further witnesses, Kanu’s lead counsel, Chief Kanu Agabi, SAN, promptly informed the court of his client’s decision to enter a no-case submission.
A no-case submission is a legal application made when a defendant believes that the prosecution’s evidence, even if taken at its highest value, fails to establish a prima facie case warranting a defense. If granted, it would result in Kanu’s discharge and the end of the trial.
Presiding judge, Justice James Omotosho, subsequently directed both parties to submit their written addresses within 14 days and their replies on points of law within two days thereafter. The case was then adjourned to July 18, 2025, for the adoption of the final arguments on the no-case submission.
Kanu was first arrested on October 14, 2015, upon his return from the United Kingdom. He was granted bail on April 25, 2017, on health grounds after spending approximately 18 months in custody, and released three days later. However, he fled the country following a military raid on his residence in Umuahia, Abia State, which reportedly led to the death of some of his supporters.
He was re-arrested in Kenya on June 19, 2021, and was extraordinarily renditioned to Nigeria on June 27, 2021, after which he was remanded in DSS custody by the court on June 29, 2021, where he has remained ever since.
In an earlier development, the trial court struck out eight of the initial 15 charges filed against him in April 2022, citing lack of merit. The Court of Appeal subsequently ordered his release and dismissed the charges on October 13, 2022, but the Federal Government challenged this at the Supreme Court, which on December 15, 2023, reversed the appeal court’s decision and allowed the continuation of Kanu’s trial on the remaining seven counts.
The outcome of the no-case submission on July 18 will be a decisive moment in the protracted legal battle between the IPOB leader and the Nigerian state.
