Justice James Omotosho of the Federal High Court, Abuja, has dismissed the no case submission made by the leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu in the terrorism charges filed against him by the Federal Government.
The judge, while delivering ruling on Friday on the no case submission, held that the Department of State Services, DSS – prosecuting Kanu on behalf of the Federal Government – has established a prima facie case against the IPOB leader and that, he (Kanu) has questions to answer in the terrorism charge preferred against him.
Justice Omotosho held that it is in the best interest of Kanu to be given the opportunity to clear some issues raised against him in the terrorism charges.
Although the judge held that he had not evaluated the credibility of the witnesses who testified against Kanu and the avalanches of exhibits tendered during trial to determine their probate value, he was inclined to order the defendant to clear some grey issues.
Justice Omotosho gave the President of the Nigeria’s Medical Association, NMA, eight days to ascertain the IPOB leader’s health status – to determine his fitness to stand for trial.
He subsequently fixed October 8, 2025, for the court to receive the NMA report which will thereafter determine the date for continuation of trial.
Kanu had made a no case submission shortly after the Federal Government concluded presentation of its case against him after calling five witnesses and rendering some exhibits.
Kanu, through his lead lawyer, Chief Kanu Agabi, SAN, had on July 18, 2025, applied to the judge to throw away the terrorism charges against him on the ground that he was not properly and legally linked with any terrorism offences and asked the court to discharge and acquit him.
Among other arguments, Agabi said throughout the proceedings, no single witness was called to tell the court how he was incited by Kanu to resort to violence and that the five witnesses called during the trial, who are all DSS operatives, admitted that their roles were limited to obtaining statements from Kanu.
