The Federal Government has urged a Federal High Court in Abuja to reject a no-case submission filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, and compel him to enter a defence in his ongoing terrorism trial.
Leading the prosecution, Senior Advocate of Nigeria, Adegboyega Awomolo, argued that sufficient evidence had been presented to warrant a defence by the IPOB leader.
Awomolo told the court that the prosecution had called five witnesses and tendered several exhibits, including video and audio materials where Kanu allegedly incited violence and admitted being the leader of a proscribed organisation.
The prosecuting counsel contended that Kanu’s broadcasts were not mere boasts, but incitements that allegedly led to the killing of over 170 security personnel. “Boasting is not the answer,” Awomolo said. “If the defendant believes he was just joking or acting as a content creator, he must come and explain why he was boasting and causing fear in the minds of the people.”
Awomolo also dismissed claims by Kanu’s lawyer, Kanu Agabi (SAN), that the defendant had been in solitary confinement for ten years.
He explained that Kanu was first granted bail in 2017 but had it revoked in 2022 after he jumped bail, leading to his current detention.
He accused the defence team of being responsible for the prolonged delays in the trial and noted that arguments challenging the legality of IPOB’s proscription were already before the Supreme Court.
Responding, Agabi urged the court to uphold the no-case submission, insisting the prosecution failed to prove any element of the alleged offences.
He said none of the witnesses presented claimed they were incited by Kanu’s broadcasts. “This man was merely boasting. He said he could bring the world to a standstill. You don’t prosecute a man for boasting,” Agabi told the court.
Agabi argued that the prosecution’s evidence lacked probative value, citing numerous instances where witnesses responded to cross-examination with “I don’t remember” or “I’m not aware”. He also faulted the prosecution’s reliance on medical reports not verified by doctors and questioned the legality of IPOB’s proscription, arguing that no presidential approval was shown.
Justice James Omotosho adjourned the matter till 10 October for ruling on the no-case submission.