The Federal High Court in Abuja yesterday dismissed the no-case submission filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, in his ongoing terrorism trial.
Justice James Omotosho ruled that the prosecution had established a prima facie case against Kanu, warranting that he enter his defence.
The judge held that evidence and exhibits tendered by the prosecution raised weighty allegations linking Kanu to terrorism activities. He said the defendant must be given the opportunity to respond in line with his constitutional right to a fair hearing.
On Kanu’s argument that the court lacked jurisdiction due to his alleged extraordinary rendition from Kenya, the judge said no evidence was presented to substantiate the claim.
“It is when such evidence is placed before the court on oath that the issue of jurisdiction can be considered. Laws are not based on unproven claims,” Justice Omotosho stated.
He added that overruling the no-case submission did not imply guilt but merely ensured that the defendant was allowed to exhaust all options for his defence.
“The defendant is still presumed innocent until proven guilty. A connection of the defendant with the offence, no matter how slight, constitutes prima facie evidence,” the judge said.
Kanu is facing a seven-count amended charge bordering on terrorism filed by the Department of State Services (DSS).
In a separate ruling, Justice Omotosho directed the President of the Nigerian Medical Association (NMA) to set up an eight to 10-member medical team to evaluate Kanu’s health and determine whether he is fit to continue his trial.
The team, which must include a representative of the National Hospital, Abuja, is to assess the adequacy of DSS medical facilities, evaluate Kanu’s ailments, and decide if his transfer to the National Hospital is necessary.
The court ordered that the team’s findings be filed within eight days.
























