The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, who is facing a seven-count charge bordering on terrorism and treasonable felony, has informed the Federal High Court in Abuja that he has no case to answer.
Kanu made this known shortly after the Federal Government formally closed its case against him during the court proceedings held on Thursday. The prosecution announced the conclusion of its case after its fifth witness, identified only as “EEE,” concluded his testimony and was discharged by the court. The witness, an operative of the Department of State Services (DSS), testified anonymously from behind a protective screen.
During his testimony, the DSS operative claimed that Kanu’s radio broadcasts were linked to violent incidents, including the killing of 186 police officers and the destruction of 164 police stations during the 2020 EndSARS protests. Although he admitted that he never met Kanu in person, he said his mandate was to gather intelligence and report the destruction of public property and deaths of security operatives allegedly instigated by Kanu’s broadcasts. The prosecution tendered several exhibits, including damage assessment reports, death certificates of security personnel, and a certificate of compliance, all of which were admitted as evidence despite objections from Kanu’s legal team.
After cross-examination by Kanu’s lawyer, Dr. Onyechi Ikpeazu (SAN), the Federal Government’s lead counsel, Chief Adegboyega Awomolo (SAN), declared that the prosecution was satisfied with the evidence presented and would no longer call additional witnesses. He subsequently closed the prosecution’s case.
In response, Chief Kanu Agabi (SAN), the head of Kanu’s defence team, informed the court of his client’s decision to file a no-case submission. This legal move argues that the prosecution’s evidence is insufficient to establish a prima facie case against Kanu and, as such, the defendant should not be compelled to enter a defence. If the court agrees with this submission, Kanu would be discharged, effectively bringing the trial to an end.
Trial judge, Justice James Omotosho, granted both the defence and prosecution 14 days each to file their written addresses, with an additional two days allowed for replies on points of law. He then adjourned the matter to July 18 for the adoption of the written arguments.
Kanu’s legal troubles began on October 14, 2015, when he was first arrested upon returning to Nigeria from the United Kingdom. After spending about 18 months in detention, he was granted bail on health grounds and released from Kuje Prison on April 28, 2017. However, he fled the country after a military raid on his family home in Abia State later that year, during which some of his followers were reportedly killed.
He was re-arrested in Kenya on June 19, 2021, and was extradited to Nigeria under controversial circumstances on June 27, 2021. Since then, he has been in DSS custody.
Initially charged with 15 counts, eight of the charges were dismissed by the trial court on April 8, 2022, for lacking merit. Later, on October 13, 2022, the Court of Appeal quashed the remaining charges and ordered Kanu’s release. However, the Federal Government challenged the ruling at the Supreme Court and secured a stay of execution.
On December 15, 2023, the Supreme Court overturned the appellate court’s decision and allowed the Federal Government to proceed with the trial on the remaining seven counts.
