I have no case to answer in terrorism case – Nnamdi Kanu tells court

The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Thursday informed the Federal High Court in Abuja that he has no case to answer in the ongoing trial over alleged terrorism and treasonable felony.

Kanu’s declaration came moments after the Federal Government concluded its case against him, following testimony from its fifth and final prosecution witness (PW-5). The witness, identified only as “EEE” for security reasons, testified behind a protective screen.

After the conclusion of cross-examination by defence counsel Dr. Onyechi Ikpeazu (SAN), the prosecution, led by Chief Adegboyega Awomolo (SAN), announced it would not be calling further witnesses.

“We are satisfied that the evidence presented through our five witnesses has sufficiently established the case against the defendant,” Awomolo said. “I will therefore, at this juncture, close the case of the prosecution.”

Responding, the lead defence counsel, Chief Kanu Agabi (SAN), notified the court of Kanu’s decision to file a no-case submission, a legal application asserting that the prosecution failed to establish a prima facie case requiring the defendant to mount a defence.

Justice James Omotosho granted both the prosecution and defence 14 days each to submit written addresses and two additional days for replies on points of law. He adjourned the matter to July 18 for the adoption of the no-case submission.

Earlier in the proceedings, the final prosecution witness, a Department of State Services (DSS) operative, tendered a report linking Kanu to violence during the 2020 EndSARS protests. The witness claimed Kanu’s broadcasts incited attacks that led to the deaths of 186 police officers and the destruction of 164 police stations. He also submitted a damage assessment report, death certificates of affected officers, and a certificate of compliance.

Under cross-examination, the witness admitted that he never met Kanu in person and became aware of him through media reports. The defence challenged the admissibility of the evidence and said detailed objections would be outlined in its final written address.

Kanu was first arrested in 2015 and granted bail in April 2017 on health grounds. He fled the country later that year after his home in Umuahia, Abia State, was raided by the military. He was re-arrested in Kenya and forcibly returned to Nigeria in June 2021. He has since been held in DSS custody.

In April 2022, the trial court struck out eight of the 15 original charges. The Court of Appeal in October 2022 ordered his release and dismissed the remaining charges, but the Supreme Court reversed that decision in December 2023, allowing the Federal Government to proceed with trial on the remaining seven-count charge.

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