FG Opposes Nnamdi Kanu’s No-Case Submission, Cites Inciting Broadcasts, Threat to National Unity as Court Adjourns to October 10
The Federal Government on Friday urged the Federal High Court in Abuja to dismiss the no-case submission filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The government’s lead counsel, Adegboyega Awomolo (SAN), made the request while responding to Kanu’s application, arguing that the IPOB leader had openly declared his intention to break up Nigeria during a broadcast on Radio Biafra.
Awomolo told the trial judge, Justice James Omotosho, that Kanu’s statements went beyond rhetoric. He said the defendant not only threatened the country’s unity but also announced plans to create a Republic of Biafra, adding that the broadcast instilled fear among Nigerians.
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According to Awomolo, Kanu directed his followers to target and kill police officers and their families, noting that over 170 security personnel were killed shortly after the broadcast.
“The defendant made a broadcast in which he proudly declared himself the IPOB leader, despite knowing the group had been proscribed. He claimed the world would come to a standstill,” Awomolo said.
He added that Nigerian law prohibits inciting statements capable of instilling fear among citizens, stressing that Kanu’s threat to destroy Nigeria was serious and carried legal consequences. He urged the court to reject the no-case submission and compel Kanu to enter his defence, insisting the application lacked merit.
Awomolo maintained that Kanu had a case to answer regarding the seven-count terrorism charge brought by the Office of the Attorney General of the Federation.
However, Kanu’s lead counsel, Chief Kanu Agabi (SAN), argued that the prosecution had failed to prove its case. He asked the court to discharge and acquit his client.
Agabi pointed out that none of the prosecution’s five witnesses—who were all operatives of the Department of State Services—testified that they were incited to violence by Kanu. He added that their role was limited to obtaining statements from the defendant.
He also argued that no investigation was conducted into Kanu’s alleged statements and no investigative report was presented in court. Despite the charges being amended eight times, he said, no witness came forward to claim direct incitement by Kanu.
Agabi insisted that Kanu merely urged people to defend themselves against widespread killings, an act he described as a constitutional right also advocated by prominent Nigerians, including retired General T.Y. Danjuma.
He criticised Kanu’s prolonged solitary confinement, stating it had lasted nearly 10 years in violation of international legal standards, which limit such confinement to no more than 15 days.
Agabi concluded that the prosecution had failed to establish a prima facie case of terrorism and urged the judge to rule that Kanu had no case to answer.
Justice Omotosho adjourned the matter until October 10 for ruling on the no-case submission.
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