PROSECUTION URGES COURT TO REJECT NNAMDI KANU’S NO-CASE SUBMISSION
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By Aishat Momoh. O.
The Federal Government has urged Justice James Omotosho of the Federal High Court, Abuja, to reject the no-case submission filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, and compel him to enter a defence in the terrorism charges levelled against him.
Prosecuting counsel Adegboyega Awomolo (SAN), in his final address on Friday, argued that the prosecution had provided sufficient evidence including testimonies from five witnesses and multiple video and audio exhibits to establish a prima facie case against Kanu. He asserted that Kanu should be made to explain his alleged inciting statements and their violent consequences, including the alleged killing of over 170 security personnel.
Awomolo dismissed claims by Kanu’s defence that his broadcasts were mere boastful expressions. “When someone boasts about causing deaths and destruction, such cannot be dismissed as mere boasting,” he said. He further stated that Kanu’s own recorded admissions, where he allegedly urged violence and acknowledged leading a proscribed group, warranted a full trial.
He countered defence counsel Kanu Agabi’s (SAN) claim that Kanu had been held in solitary confinement for ten years, clarifying that Kanu was granted bail in 2017 and only returned to custody in 2021 after jumping bail.
Awomolo also noted that the issue of IPOB’s proscription was already before the Supreme Court and could not be revisited at the trial level. He accused the defence of delaying proceedings and emphasized that challenging the credibility of witnesses was premature at this stage.
However, Agabi insisted the prosecution failed to prove any element of the alleged offences and merely painted Kanu as a “bad man.” He argued that none of the witnesses presented evidence that directly linked his client’s broadcasts to any criminal acts, nor were there victims who claimed they were incited by Kanu.
Agabi dismissed the video recordings as harmless boasting, stating: “He said he could bring the world to a standstill. That is not a crime.” He also faulted the admissibility and credibility of prosecution documents, including death reports and the #EndSARS report, and criticised the DSS’s dominance among witnesses who, he said, repeatedly responded with “I don’t remember” or “I don’t know.”
Agabi argued that IPOB’s proscription lacked presidential approval and, therefore, had no legal foundation. He also questioned the court’s jurisdiction on certain counts, especially regarding an allegedly imported transmitter already dismissed by the Court of Appeal.
Justice Omotosho, after hearing both sides, adjourned the matter to October 10, 2025, for ruling on whether the no-case submission will be upheld or Kanu will be ordered to open his defence.
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