Nnamdi Kanu, the leader of the outlawed Indigenous People of Biafra (IPOB), has been ordered by the federal high court in Abuja to enter his defence in the federal government’s terrorism allegation against him.
The presiding judge, James Omotosho, ruled Friday that the prosecution had proven a prima facie case and that the defendant had to answer.
The IPOB leader’s counsel, Kanu Agabi, a senior advocate of Nigeria (SAN), had asked the court to dismiss the prosecution, arguing that the government had not established any connection between his client’s remarks and violent deeds.
Agabi contended that none of the five witnesses, who were all Department of State Services (DSS) agents, admitted to being coerced by Kanu throughout the trial.
He pointed out that they had no independent investigation or supporting report and that their duty was restricted to getting statements from the defendant.
The government’s choice to change the charges eight times without presenting any witnesses to support allegations that Nnamdi Kanu’s broadcasts incited terrorism was also questioned by the senior lawyer.
He pointed out that in response to growing insecurity, the defendant’s comments on Radio Biafra only called on people to protect themselves.
However, Omotosho’s decision stated that the prosecution’s proof demanded an answer from the defendant.
“I have carefully gone through the evidence presented by the prosecution. The evidence is such that the defendant ought to enter some explanation,” the judge said.
“This is not to say that the defendant is guilty as charged, but it is necessary to give him a fair hearing and allow him to exhaust his chances of explaining himself.
“As such, the court finds that a prima facie case has been established against the defendant, and the defendant will be required to enter his case.”
Additionally, the Court acknowledged that Nnamdi Kanu had not presented any substantial evidence to back up his assertion that he had been unjustly renditioned.
“Consequently, this no-case submission is overruled and the defendant is hereby required to enter his defence,” Omotosho ruled.
The matter was adjourned to October 8 for consideration of a report by the Nigerian Medical Association (NMA) on Nnamdi Kanu’s health status.
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