The Federal Government has 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, Nnamdi Kanu, insisting that he has a case to answer over terrorism-related charges.
At the resumed hearing on Friday, lead prosecution counsel Adegboyega Awomolo SAN, argued that Kanu’s past broadcasts on Radio Biafra were not harmless rhetoric but deliberate acts capable of inciting violence and threatening Nigeria’s unity.
“Kanu publicly declared his intention to break up Nigeria and create a separate state of Biafra,” Awomolo told the court, presided over by Justice James Omotosho.
“This was not just idle talk; it was a call to action that led to fear and insecurity among citizens.”
Awomolo alleged that Kanu incited his followers to attack and kill security personnel, claiming that over 170 officers were killed following such broadcasts. He further stressed that Nigerian law prohibits inciting speech capable of causing public disorder.
“The defendant openly admitted he is the leader of IPOB, a group already declared unlawful. He made dangerous proclamations and threatened the sovereignty of Nigeria. His statements were intended to create chaos,” Awomolo submitted.
He urged the court to reject the no-case submission and direct Kanu to enter his defence on the seven-count terrorism charge filed by the Office of the Attorney General of the Federation.
However, Kanu’s lead counsel, Chief Kanu Agabi (SAN), maintained that the prosecution had failed to prove its case. He argued that none of the five witnesses—who were all operatives of the Department of State Services (DSS)—claimed to have been influenced by Kanu’s statements.
“No witness has come forward to say they were incited by the defendant,” Agabi said. “Even the prosecution’s witnesses merely said they took statements from him—there was no investigative report to support the terrorism allegations.”
Agabi pointed out that the charges had been amended multiple times without any substantial evidence being introduced. He also described Kanu’s past remarks as “boastful exaggerations” rather than incitement.
“He urged people to defend themselves—a right granted by the constitution and echoed by respected figures like General T.Y. Danjuma. This cannot be criminalized,” Agabi said.
The defence also criticized Kanu’s prolonged solitary confinement, saying it violates international standards that prohibit such treatment beyond 15 days. “He has spent nearly a decade in confinement under conditions that breach international human rights law,” Agabi added.
He urged the court to uphold the no-case submission and discharge the defendant, asserting that the prosecution had failed to establish a prima facie case.
Justice Omotosho adjourned the matter to October 10, 2025, for ruling on the no-case submission.
