Justice James Omotosho of the Federal High Court, Abuja, has dismissed the no-case submission filed by Nnamdi Kanu’s legal team, ruling that the leader of the Indigenous People of Biafra (IPOB) must open his defence in the terrorism charges brought against him by the Federal Government.
The decision came after the government concluded its case, having presented witnesses and evidence against Kanu. With the no-case submission rejected, the court directed the IPOB leader to respond to the allegations.
Kanu, who has been in custody since his re-arrest and extradition in 2021, was brought to court on Friday under heavy security by operatives of the Department of State Services (DSS). He appeared alongside his legal team, led by former Attorney-General of the Federation and Senior Advocate of Nigeria, Kanu G. Agabi.
Earlier in the week, the court had rescheduled the hearing from October 10 to September 26 to allow Justice Omotosho to rule on Kanu’s application. The main trial is still expected to resume in October.
This development follows an earlier adjournment in September, when Justice Musa Liman, sitting as a vacation judge, heard Kanu’s request to be transferred to the National Hospital over a reported life-threatening heart condition. Liman expressed concern about his jurisdiction to rule on the matter as his tenure ended the same day and directed that the case be reassigned to Justice Omotosho.
In a 14-paragraph affidavit, Emmanuel Kanu, the IPOB leader’s younger brother, had raised alarm over the inadequacy of medical care available to him in DSS custody. During the hearing, Kanu’s counsel, Uchenna Njoku (SAN), requested more time to review the Federal Government’s 37-page counter-affidavit served on them the morning of the sitting.
Adegboyega Awomolo, lead counsel for the government, said his team was prepared to proceed but agreed that the matter required proper scheduling.
The ruling signals a continuation of the long-running legal battle between the secessionist leader and the Nigerian government, with Kanu now expected to personally defend himself against the terrorism-related charges.
