The Federal High Court in Abuja on Friday dismissed the no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
The decision means that Kanu must now open his defence against the terrorism charges brought against him by the federal government.
Justice James Omotosho, who delivered the ruling, held that the evidence presented by the prosecution through five witnesses was enough to establish a case that required answers from the defendant. The court noted that the allegations were weighty and could not be struck out without giving Kanu the opportunity to defend himself.
Kanu, who has been in the custody of the State Security Service (SSS) since June 2021, is standing trial over terrorism-related charges linked to his campaign for the creation of an independent Biafra nation from Nigeria’s South-east and parts of neighbouring states. The government’s case closed on 19 June after the fifth witness testified.
Instead of presenting his defence, Kanu, through his legal team, filed a no-case submission, insisting that the prosecution had failed to prove any offence against him. The government’s lawyers opposed the move, arguing that there was enough evidence connecting Kanu to the charges.
In his ruling, Justice Omotosho said the prosecution’s evidence created grounds for the trial to continue, although it did not amount to finding Kanu guilty at this stage. He added that the defendant was still presumed innocent and that the burden remained on the prosecution to prove the case beyond reasonable doubt.
The court also addressed arguments about Kanu’s return to Nigeria in 2021, with his lawyers claiming he was subjected to extraordinary rendition from Kenya. Justice Omotosho held that no credible evidence had been placed before the court to establish that claim, adding that only sworn evidence could be considered on such an issue.
Kanu’s request to be moved to the National Hospital for treatment was equally turned down. Instead, the judge directed the Nigerian Medical Association (NMA) to set up a team of medical experts to examine his health condition and report back to the court.
The matter has been adjourned until 8 October, when Kanu is expected to open his defence and the NMA panel will also present its report on his health status.