The Federal Government has urged the Federal High Court in Abuja to reject a no-case submission filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), arguing that the case against him is strong enough to proceed.
At Friday’s hearing, lead prosecuting counsel Adegboyega Awomolo, SAN, told Justice James Omotosho that Kanu’s statements on Radio Biafra were not mere political rhetoric but calculated attempts to destabilize the Nigerian state.
Awomolo said Kanu’s broadcast amounted to incitement, claiming the IPOB leader called for the formation of a separate Biafran republic, urged followers to attack police personnel, and made declarations that allegedly preceded the deaths of over 170 security officers.
He further emphasized that Kanu identified himself as leader of IPOB, despite the group’s proscription, and described the defendant’s remarks as threats to national unity and public safety.
According to the prosecution, such statements violate Nigerian law and meet the threshold for terrorism.
The government is asking the court to compel Kanu to open his defence to a seven-count terrorism charge brought by the Attorney General’s office, maintaining that sufficient evidence has been presented to justify a full trial.
In a sharp rebuttal, Kanu’s lead counsel, Chief Kanu Agabi, SAN, insisted that the charges lack substance and should be dismissed outright.
He pointed out that none of the five prosecution witnesses all from the Department of State Services (DSS) claimed to have been incited by Kanu’s speech or tied his words directly to violent actions.
Agabi argued that despite multiple amendments to the charge sheet, the prosecution failed to link the defendant’s broadcast to any specific criminal acts.
Agabi contended that Kanu only advocated self-defence, which he argued is constitutionally protected, and likened his comments to public warnings issued by prominent figures such as retired General T.Y. Danjuma.
He also condemned the prolonged solitary confinement Kanu has endured reportedly for ten years arguing that it violates international human rights standards.
“There is no prima facie case against the defendant,” Agabi told the court, insisting that Kanu’s speech, though provocative, does not meet the legal definition of terrorism.
Justice Omotosho is expected to rule on the no-case submission at a later date.
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