From Godwin Tsa Abuja

The Abuja division of the Federal High Court has dismissed the no-case submission made by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu in his on-going alleged terrorism trial.

Justice James Omotosho, in a ruling yesterday, held that the prosecution has established a prima facie case against Kanu to warrant that he be ordered to enter his defence.

The judge who overruled Kanu’s no-case submission, found that the evidence led by the prosecution and the exhibits it tendered have raised serious allegations of Kanu’s involvement in terrorism activities to warrant that he be given the opportunity to defend himself.

Justice Omotosho said the evidence and exhibits and the need for him to demonstrate and lead evidence on his allegations of an extra ordinary rendition, requires that the defendant is given the opportunity and afforded his fundamental rights to fair hearing to be allowed to enter his defence. Kanu who is being prosecuted by the DSS on a seven-count charge bordering on his alleged involvement in terrorism activities had in his no-case submission, told the court that he has no case to answer.

Kanu took the position shortly after the Federal Government, which is prosecuting him, announced its decision to close its case, with the 5th prosecution witness (PW5).

Meanwhile, the court has ordered the Nigeria Medical Association, NMA, to constitute a team of medical experts to ascertain the health condition of the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.

In his ruling, Justice James Omotosho, held that report from the medical experts should be submitted to it within eight days. It held that the report would assist the court to decide on an application that Kanu, who is answering to a seven-count terrorism charge, filed to be transferred to the National Hospital in Abuja for proper medical attention.

Justice Omotosho ordered the medical team to visit the medical facility of the Department of State Services, DSS, to confirm if it has the capacity to meet Kanu’s health needs.

He held that the committee set up by the NMA is at liberty to make use of any hospital in the country to carry out its investigations.

According to the court, the committee should comprise between eight and 10 members of the NMA and should have a cardiologist and a neurologist.

More so, the court ordered that the Chief Medical Director of the National Hospital must also be a member of the committee. The judge adjourned to October 8 for NMA team to present its report to the court. The medical report will now determine when the court will fix a date for Kanu to open his defence.

Specifically, Kanu through his lead counsel, Godwin 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. He asked the court to discharge and acquit him.

Among other arguments, Agabi, SAN, said that throughout the proceedings, no single witness was called to tell the court how he was incited by Kanu to resort to violence.

He also informed the court that the five witnesses called during the trial, who are operatives of the Department of State Services, DSS, 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 that asking Nigerians to defend themselves is a constitutional right and has been re-echoed by other Nigerians, including General T. Y. Danjuma.

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, SAN, 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 Kanu, 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 leader of the proscribed Indigenous People of Biafra (IPOB) 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.

The senior lawyer told 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. The government lawyer informed the court that Kanu, in the broadcast, directed his followers to go after policemen and kill them along with their families, adding that over 170 security agents were killed shortly after the broadcast.

“The defendant made a broadcast. He proudly declared himself as IPOB leader even when he knew that IPOB had been proscribed. He made a broadcast that the world will come to a standstill.

“The law of Nigeria prohibits words capable of making Nigerians live in perpetual fear, threatening to bring Nigeria down. The aim is to create Biafra and not mere boasting, and there are consequences for such boasting.”