FG urges court to reject Nnamdi Kanu’s no-case submission as judge sets date for ruling

The Federal Government has asked the Federal High Court in Abuja to throw out the no-case submission presented by Nnamdi Kanu, leader of the outlawed Indigenous People of Biafra (IPOB), insisting he should proceed to defend himself against terrorism charges.

During Friday’s proceedings, government counsel Adegboyega Awomolo (SAN) contended that Kanu had made incendiary remarks during a Radio Biafra broadcast, in which he allegedly called for Nigeria’s disintegration and the creation of a separate Biafra nation.

Awomolo argued before Justice James Omotosho that the statements made by Kanu were not mere rhetoric but were meant to instill fear among the populace and posed a serious threat to national security.

He told the court, “The defendant made a broadcast in which he proudly declared himself as the IPOB leader, even though he knew that the group had been proscribed. He claimed the world would come to a standstill.”

Awomolo further alleged that Kanu directed attacks on law enforcement, citing the killing of over 170 security personnel in the aftermath of the broadcasts.

“The Nigerian law prohibits inciting statements capable of making citizens live in perpetual fear. The threat to destroy Nigeria was not idle talk—it was aimed at creating Biafra, and there are consequences for such statements,” he added.

According to the prosecution, the case against Kanu, which includes a seven-count charge of terrorism, should not be dismissed, as there is sufficient evidence requiring him to open a defence.

On the other side, Kanu’s lead counsel, Kanu Agabi (SAN), maintained that the prosecution had failed to establish a credible case.

He pointed out that none of the five witnesses—who were all operatives of the Department of State Services (DSS)—testified that they were incited to violence by Kanu.

Agabi also criticised the investigative process, saying no investigation was conducted into the controversial statements, nor was any formal report submitted as evidence.

He noted that despite multiple amendments to the charges—eight times in total—there remained no witness claiming to have been provoked into violent action by Kanu’s remarks.

He told the court, “Urging Nigerians to defend themselves is a constitutional right that has also been echoed by prominent Nigerians, including retired General T.Y. Danjuma.”

Agabi also addressed the issue of Kanu’s prolonged detention in solitary confinement, arguing that international law does not permit such isolation for more than 15 days. He urged the court to acquit his client on the grounds that no prima facie case had been established.

Justice Omotosho has adjourned the matter until October 10, when a ruling will be delivered on the no-case submission.