The Federal High Court in Abuja, on Friday, refused to halt the ongoing prosecution of the detained leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu.
In its ruling, Justice James Omotosho dismissed, as lacking merit, a motion by Kanu seeking to strike out the seven-count charge of terrorism and treasonable felony brought against him by the Federal Government.
Media reports revealed that the court “ordered the defendant to open his defence to the allegations against him. The court held that a prima facie case has been established against the defendant to warrant explanations from him. It, therefore, fixed October 8 for Kanu to open his defence.”
It is worth recalling that the embattled IPOB leader, through his legal team led by former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi, SAN, had urged the court to dismiss and acquit him, insisting that he had no case to answer.
He maintained that the Federal Government failed to present credible evidence linking him to the allegations.
The defendant argued that neither the documents nor the oral testimonies of the five prosecution witnesses established a prima facie case to compel him to answer to the charges.
Hence, he pleaded with the court to uphold his no-case-submission to end the proceedings.
While arguing the motion, defence counsel Chief Agabi, SAN, emphasized that although the government accused his client of incitement, no witness testified to being provoked by him to commit any crime.
He observed that the witnesses, who were DSS operatives, admitted their roles were limited to extracting statements from the defendant.
Agabi, SAN, further argued that no investigative report supporting the terrorism allegation was presented to the court.
He reminded the court that despite amending the charge eight times, the prosecution never produced any witness to confirm being harmed by violence allegedly incited by Kanu.
He argued that Kanu’s broadcasts were misunderstood, as he merely encouraged people to defend themselves against marauding killers, stressing that his client was only boasting when he threatened to “bring down the world.”
Agabi, SAN, maintained that urging citizens to defend themselves is a constitutional right previously echoed by notable figures such as DSS Director General, Mr. Adeola Ajayi, and former Defence Minister, General Theophilus Danjuma (rtd).
Defence faults detention, IPOB proscription
Kanu’s defence also faulted his lengthy detention and the proscription of IPOB, with Agabi, SAN, condemning his client’s solitary confinement of more than six years as a violation of international standards, which limit such isolation to no more than 15 days.
Agabi, SAN, also criticized the proscription of IPOB without the approval of the President.
“Without the President’s approval there can not be any proscription… We are saying there is no proscription, because there is no presidential approval; if they have it, they should bring it,” he added.
In addition, he challenged the court’s jurisdiction over the allegation of unlawful importation of a radio transmitter against his client.
The Federal Government, however, urged the court to reject the no-case-submission and direct Kanu to respond to the charges.
Prosecution counsel, Chief Adegboyega Awomolo, SAN, argued that the defendant must explain his involvement in terrorism-related activities that fostered violence, destruction, and the deaths of at least 170 security officers.
Awomolo, SAN, maintained that video and audio evidence before the court showed that Kanu admitted being the leader of a proscribed group and owned up to making all the inflammatory broadcasts.
He stressed that the content of the broadcasts could not be dismissed as “mere boasting.”
According to FG’s lawyer, the issue of IPOB’s proscription should not be revisited at the trial court since it is already before the Supreme Court.
Though Justice Omotosho initially adjourned the case to October 10, following an affidavit of urgency citing Kanu’s worsening health in detention, the ruling was brought forward.
