The Federal Government prayed the Federal High Court in Abuja on Friday to reject the no-case submission made by Nnamdi Kanu, the incarcerated leader of the Indigenous People of Biafra, IPOB.
The Federal Government’s main counsel, Adegboyega Awomolo (SAN), made the plea in response to Kanu’s no-case submission.
Awomolo informed the trial court, Justice James Omotosho, that Kanu had made an open and public declaration on Radio Biafra of his aim to split up Nigeria.
He stated that Kanu not only threatened to dissolve the country but also declared his intention to establish a Republic of Biafra.
Awomolo highlighted that Kanu’s declaration was not an idle threat but rather a purposeful and dangerous one, claiming that his broadcast instilled widespread dread in Nigeria.
He contended that talking about tearing up Nigeria is a significant national security risk and should not be disregarded as simple rhetoric, as Kanu asserted.
Awomolo further said that Kanu urged his followers in the broadcast to target and kill police officers and their families, claiming that more than 170 security personnel were killed immediately thereafter.
“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,” he said.
“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.”
Awomolo urged the court to reject the no-case submission and order Kanu to launch his defence, claiming that the application was both inappropriate and misconceived.
He insisted that the Biafran agitator had a case to answer on the seven-count terrorism allegation lodged against him by the Office of the Attorney General of the Federation.
However, Kanu, through his lead counsel, Chief Kanu Agabi (SAN), contested the prosecution’s case and requested that the court discharge and acquit him.
Among other things, Agabi claimed that no witness stated that Kanu had incited them to violence throughout the hearings.
He also informed the court that the five witnesses who testified—all Department of State Services agents—admitted that their role was restricted to getting statements from Kanu.
Agabi further claimed that no investigation was undertaken into the IPOB leader’s purported utterances and that no investigative report on terrorist claims was given in court.
He emphasised that the charges against Kanu had been altered eight times, but no witness came forward to indicate they were incited by him.
Agabi stated that the IPOB leader’s threat to “bring the world down” was nothing more than arrogant language and should not be used as evidence of terrorism.
He stated that pushing Nigerians to defend themselves is a fundamental right, which has been reiterated by renowned Nigerians, including retired General T.Y. Danjuma.
Agabi also attacked the IPOB leader’s protracted solitary incarceration over the last ten years, claiming that international law prohibits solitary detention for more than 15 days.
He concluded by stating that the elements of the terrorist allegations were not proven throughout the trial and urging the judge to decide that no prima facie evidence had been made against Kanu to justify him mounting a defence.
After hearing arguments for and against the no-case submission, Justice Omotosho delayed the case until October 10 to rule.
