A federal high court in Abuja has dismissed the no-case submission filed by Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), ruling that he must open his defence against terrorism charges brought by the Nigerian government.
Delivering judgment on Friday, Justice James Omotosho held that the Department of State Services (DSS) had established a prima facie case through the testimony of five witnesses, and that Kanu must respond.
“This is not to say the defendant is guilty as charged,” Omotosho said. “He is still presumed innocent until proven guilty, but the court holds that he has to explain his view of the testimonies of the prosecution witnesses.”
The judge also dismissed arguments from Kanu’s legal team that he was unlawfully rendered to Nigeria, saying no evidence was presented to substantiate the claim.
Kanu, who has long campaigned for the secession of south-east Nigeria, is accused of using broadcasts on Radio Biafra to incite violence, enforce sit-at-home orders, and direct attacks that led to killings. He denies the allegations.
The ruling followed the DSS’s opposition to Kanu’s no-case submission, arguing that his speeches and broadcasts constituted clear evidence of terrorism and treasonable felony.
Alongside the trial ruling, Justice Omotosho directed the Nigerian Medical Association (NMA) to set up an independent panel of experts within eight days to assess Kanu’s health. The panel, which must include a cardiologist, neurologist and the chief medical director of the National Hospital, will determine whether DSS facilities can meet his medical needs or if he requires treatment elsewhere.
The decision came after conflicting medical reports: DSS doctors claimed Kanu’s condition could be managed in custody, while his private consultants, led by retired professor Martin Aghaji, warned of urgent deterioration requiring treatment at the National Hospital – or even abroad.
The DSS rejected Aghaji’s findings as exaggerated and suspicious, alleging he had altered Kanu’s medication without consulting its doctors. Kanu’s defence team argued that ensuring his health was essential to guaranteeing a fair trial.
The case was adjourned until 8 October.
