Federal High Court Dismisses Nnamdi Kanu’s No-Case Submission in Terrorism Trial

• Nnamdi Kanu, leader of the proscribed IPOB, has been ordered by the Federal High Court in Abuja to enter his defence in his ongoing terrorism trial
• Justice James Omotosho ruled that the prosecution had established a prima facie case through five witnesses, rejecting Kanu’s no-case submission
• The court also dismissed arguments on extraordinary rendition and denied a request for hospital transfer, pending a medical panel’s assessment

The Federal High Court in Abuja has dismissed the no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), ruling that the prosecution has presented sufficient terrorism-related evidence to warrant a defence.

Justice James Omotosho, delivering the ruling on Friday, ordered Mr Kanu to enter his defence, stating that the federal government had established a prima facie case against him.

The judge said the evidence presented by five prosecution witnesses required explanations from the defendant, given the gravity of the charges.

“I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge,” Mr Omotosho said.

“The evidence all points to the establishment of a prima facie case against the defendant. The evidence is such that the defendant must proffer some explanations or defence to the allegation made against him, especially considering the seriousness of the offences as they are such that the life of the defendant is at stake.”

Terrorism charges linked to Biafra secession agitation

Mr Kanu, who has been held in the custody of the State Security Service (SSS) since June 2021, is facing terrorism charges brought by the Nigerian government. The charges stem from his agitation for the secession of Nigeria’s South-east and parts of neighbouring states to form an independent Biafra nation.

Following the conclusion of the prosecution’s case on 19 June, Mr Kanu opted not to open his defence. Instead, his legal team filed a no-case submission, arguing that the evidence presented failed to establish any wrongdoing. However, the prosecution urged the court to reject the application, insisting that Mr Kanu had a case to answer.

Court clarifies implications of ruling

In his ruling, Justice Omotosho clarified that dismissing the no-case submission did not equate to a guilty verdict.

“This is not to say that the defendant is guilty as charged but simply that he be afforded his right to fair hearing and put in his defence before this court,” he said.

He added that the prosecution’s evidence had provided sufficient grounds to proceed with the trial. “A connection of the defendant with the offences, no matter how slight, constitutes prima facie evidence and as such the defendant would be required to enter his defence to the charge or a rebuttal of some sort,” the judge stated.

Justice Omotosho emphasised that the defendant remained presumed innocent until proven guilty, and that the burden of proof still rested with the prosecution. He cited Section 135 (1) of the Evidence Act, 2011, to support the ruling.

The court also addressed the defence’s claim that Mr Kanu’s extraordinary rendition from Kenya in 2021 had stripped the court of jurisdiction. Dismissing the argument, Justice Omotosho held that no evidence of extraordinary rendition had been presented.

Medical request denied, NMA panel ordered

Mr Kanu’s request to be transferred to the National Hospital for medical attention was also denied. Instead, the judge directed the president of the Nigerian Medical Association (NMA) to constitute a panel of medical experts to assess the IPOB leader’s health status.

The matter has been adjourned until 8 October, when the NMA is expected to present its findings on Mr Kanu’s fitness to stand trial.

Court sentences Simon Ekpa to prison over terrorism

Legit.ng earlier reported that Paijat-Hame District Court has sentenced Finnish-Nigerian separatist leader Simon Ekpa to six years in prison.

A mentee of top separatist Nnamdi Kanu, Ekpa was sanctioned after the court found him guilty of terrorism-related charges.

Source: Legit.ng