Nigerian govt insists Kanu has case to answer as Court adjourns ruling to Oct 10

The Federal Government has maintained that Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), must stand trial over terrorism-related charges brought against him, insisting that a prima facie case has been established.

At the resumed hearing on Friday, counsel to the Federal Government, Adegboyega Awomolo (SAN), urged the Federal High Court in Abuja to dismiss Kanu’s no-case submission and compel him to open his defence on the seven-count terrorism charge filed by the Office of the Attorney General of the Federation.

Awomolo argued that Kanu’s actions, particularly a broadcast made on Radio Biafra, were not mere expressions of dissent, but inciting and dangerous threats to Nigeria’s national unity. He told the trial judge, Justice James Omotosho, that the defendant had, in the said broadcast, declared his intention to break up Nigeria and establish an independent Republic of Biafra.

“The defendant made a broadcast in which he proudly declared himself the IPOB leader, even though he knew the group had been proscribed,” Awomolo submitted. “He claimed the world would come to a standstill. That threat was not empty, it was targeted at dismantling the country, and such rhetoric has grave national security implications.”

Awomolo further alleged that Kanu incited violence against law enforcement agencies, specifically directing his followers to attack and kill police officers and their families. He claimed that more than 170 security personnel were killed in the aftermath of the broadcast, which he described as a direct consequence of Kanu’s inflammatory messages.

He emphasized that Nigerian law prohibits statements capable of causing fear and insecurity among citizens, noting that Kanu’s broadcasts aimed to instill widespread panic.

However, Kanu’s lead counsel, Chief Kanu Agabi (SAN), dismissed the government’s claims as unsubstantiated. He argued that throughout the proceedings, no witness had testified to being incited by Kanu’s statements.

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Agabi said that the five witnesses presented by the Department of State Services (DSS) only testified to having taken statements from the defendant and did not provide any evidence of actual violence linked to Kanu’s words.

“The prosecution has not presented a single investigative report linking Kanu’s broadcasts to the alleged acts of terrorism,” Agabi told the court. “Despite amending the charges eight times, they have failed to show that any individual was incited to violence by my client.”

He further asserted that Kanu’s remarks on defending oneself were not criminal in nature and echoed similar calls made by respected figures, including retired General T.Y. Danjuma. According to Agabi, such statements fall within the constitutional rights of citizens to self-defence.

Agabi also raised concerns over the defendant’s prolonged solitary confinement, arguing that it violates international human rights standards, which prohibit solitary detention beyond 15 days.

He maintained that the prosecution had failed to prove the essential elements of the terrorism charges, and urged the court to discharge and acquit his client on the grounds that no prima facie case had been established.

After hearing arguments from both parties, Justice Omotosho adjourned the matter to October 10 for ruling on the no-case submission.

Kanu, who was re-arrested in 2021 after jumping bail in 2017, has been at the centre of a protracted legal and political battle surrounding the agitation for Biafra. His continued detention and trial have drawn criticism from local and international human rights organisations.

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