By Christy Emeka
The Federal High Court, Abuja, on Friday dismissed the no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), and ordered him to open his defence.
Justice James Omotosho, delivering the ruling, held that the Department of State Services (DSS) had established a prima facie case through the testimony of five prosecution witnesses.
He said the evidence required Kanu to respond to the terrorism-related charges brought against him.
“I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge. 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,” the judge ruled.
The court adjourned proceedings to October 8 for the hearing of a medical report from the Nigerian Medical Association (NMA).
National Beam recalls that the IPOB leader, who has been in the custody of the State Security Service (SSS) since June 2021, is being prosecuted by the federal government on terrorism charges.
The charges stemmed from Mr Kanu’s agitation for the secession of Nigeria’s South-east states and parts of neighbouring states as an independent Biafra nation.
The prosecution closed its case after the fifth witness finished testifying on 19 June.
But instead of opening his defence, Mr Kanu, through his lawyers, said he would rather file a no-case submission to seek the dismissal of the charges on the grounds that the evidence presented by the prosecution failed to establish any case against him to warrant him entering any defence.
But the Nigerian government’s prosecution team asked the court to throw out the application, insisting that Mr Kanu had a case to answer.
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