The Federal Government has called on the Federal High Court in Abuja to reject the no-case submission filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra, maintaining that he must answer to terrorism-related allegations.
During Friday’s resumed hearing, the lead prosecution counsel, Adegboyega Awomolo (SAN), argued that Kanu’s broadcasts on Radio Biafra were not innocuous expressions but deliberate incitements capable of triggering violence and threatening national cohesion.
“Kanu publicly declared his intention to break up Nigeria and create a separate state of Biafra,” Awomolo told the court, presided over by Justice James Omotosho.
“This was not just idle talk; it was a call to action that led to fear and insecurity among citizens.”
Awomolo alleged that Kanu’s messages encouraged attacks on security operatives, noting that more than 170 personnel were reportedly killed as a result. He added that Nigerian law criminalizes speech that incites public disorder.
“The defendant openly admitted he is the leader of IPOB, a group already declared unlawful. He made dangerous proclamations and threatened the sovereignty of Nigeria. His statements were intended to create chaos,” Awomolo stated.
He asked the court to dismiss the no-case plea and compel Kanu to open his defence in the seven-count terrorism charge brought by the Office of the Attorney General of the Federation.
In response, Kanu’s lead counsel, Chief Kanu Agabi (SAN), contended that the prosecution had not established any case. He noted that none of the five witnesses, all operatives of the Department of State Services (DSS), claimed to have been influenced by Kanu’s statements.
“No witness has come forward to say they were incited by the defendant,” Agabi said. “Even the prosecution’s witnesses merely said they took statements from him—there was no investigative report to support the terrorism allegations.”
He further highlighted that the charges had been amended several times without presenting new evidence. According to Agabi, Kanu’s past comments were “boastful exaggerations” rather than acts of incitement.
“He urged people to defend themselves—a right granted by the constitution and echoed by respected figures like General T.Y. Danjuma. This cannot be criminalized,” he said.
The defence also raised concerns over Kanu’s prolonged solitary confinement, arguing it violates international legal norms.
“He has spent nearly a decade in confinement under conditions that breach international human rights law,” Agabi added.
He urged the court to uphold the no-case submission and discharge his client, asserting that the prosecution had failed to present a prima facie case.
Justice Omotosho adjourned the case to October 10, 2025, for ruling on the no-case submission.
