The Federal Government has urged the Federal High Court in Abuja to dismiss the no-case submission filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, insisting he has a case to answer in the terrorism charges brought against him.
The Federal Government’s lead counsel, Adegboyega Awomolo (SAN), made the plea on Friday before Justice James Omotosho. Responding to Kanu’s application, Awomolo stated that Kanu had, through a broadcast on Radio Biafra, openly and publicly declared his intention to break up Nigeria.
Awomolo told the court that Kanu’s statements went beyond mere speech, saying, “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.”
The senior lawyer argued that Kanu’s words constituted a threat to national security. “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 said.
He further alleged that Kanu directed his followers during the broadcast to attack security forces and their families, noting the aftermath included the deaths of over 170 security personnel.
According to Awomolo, the broadcast was “not a mere empty threat, but a deliberate and dangerous one,” which he said instilled fear across the country. He urged the court to reject the no-case application and compel Kanu to open his defence, describing the defence’s submission as “both misplaced and misconceived.”
He maintained that the Biafra agitator must answer to the seven-count terrorism charge levelled against him by the Office of the Attorney General of the Federation.
However, Kanu’s lead counsel, Chief Kanu Agabi (SAN), countered the government’s position, arguing that the prosecution failed to establish any credible evidence linking Kanu to acts of terrorism.
Agabi told the court that throughout the proceedings, no witness had testified that they were incited to violence by Kanu.
He noted that the five prosecution witnesses—all operatives of the Department of State Services (DSS)—only testified about taking Kanu’s statements and did not present any evidence of investigative findings or reports linking Kanu to terrorist activity.
Agabi further contended that no investigation was conducted into the statements allegedly made by Kanu, and that no investigative report regarding the terrorism allegations was presented in court.
He said the charges had been amended eight times without any witness testifying that Kanu incited them.
Agabi further contended that no investigation was conducted into the statements allegedly made by Kanu, and that no investigative report regarding the terrorism allegations was presented in court.
He criticised Kanu’s long-term solitary confinement, which he said had lasted for a decade, in breach of international standards limiting such detention to 15 days.
Agabi urged the court to dismiss the charges, arguing that the elements of terrorism had not been proven and that there was no case for his client to answer.
Justice James Omotosho adjourned the matter until October 10 for ruling on the no-case submission.
