The Federal Government on Friday urged the Federal High Court in Abuja to dismiss the no-case submission filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The government’s lead counsel, Adegboyega Awomolo, SAN, made the appeal while responding to the application by Kanu, who is facing a seven-count charge bordering on terrorism.
Arguing before Justice James Omotosho, Awomolo said Kanu, in a broadcast on Radio Biafra, openly and publicly declared his intention to break up Nigeria and establish a separate Republic of Biafra.
He described Kanu’s declaration as a calculated and dangerous move, not mere rhetoric, adding that the broadcast instilled fear across the country and posed a serious threat to national security.
“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,” Awomolo said.
He further alleged that Kanu incited his followers to target and kill security operatives, claiming that over 170 policemen and other personnel were killed in the aftermath of the broadcast.
Awomolo insisted that Kanu’s utterances violated Nigerian law, which prohibits inciting statements capable of inducing widespread fear and insecurity among citizens.
“The threat to destroy Nigeria was not idle talk—it was aimed at creating Biafra, and there are consequences for such statements,” he told the court.
He therefore urged the court to reject the no-case submission, describing it as “misplaced and misconceived,” and to compel the defendant to enter his defence.
However, Kanu’s lead counsel, Chief Kanu Agabi, SAN, challenged the prosecution’s case and asked the court to discharge and acquit his client.
Agabi pointed out that none of the five witnesses who testified during the trial—including operatives of the Department of State Services (DSS)—stated that they were incited to violence by Kanu.
He also noted that no independent investigation or forensic analysis had been presented to support the terrorism allegations.
“The prosecution has amended the charges eight times, yet failed to produce any witness who claims to have been incited by my client,” Agabi said.
He argued that Kanu’s alleged threats were mere boastful talk, and that his call for self-defence in the face of widespread violence was consistent with constitutional rights. He referenced similar remarks by prominent figures such as retired General T.Y. Danjuma.
Agabi further criticised Kanu’s prolonged solitary confinement over the past decade, citing international conventions that limit such detention to a maximum of 15 days.
He concluded by asserting that the prosecution failed to establish a prima facie case of terrorism, and therefore, the court should not compel Kanu to open a defence.
After hearing both sides, Justice Omotosho adjourned the case to October 10 for ruling on the no-case submission.