FG Urges Court to Dismiss Nnamdi Kanu’s No-Case Submission

The Federal Government on Friday asked the Federal High Court in Abuja to throw out the no-case submission filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.

Leading the charge on behalf of the government, senior lawyer Adegboyega Awomolo (SAN) told Justice James Omotosho that Kanu had openly announced on Radio Biafra his intention to break up Nigeria.

According to Awomolo, the declaration was far from harmless—it was a dangerous and deliberate call to action that caused fear across the country. “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, during the broadcast, incited his followers to attack and kill policemen and their families, pointing out that over 170 security personnel were killed shortly afterward.

Awomolo maintained that such statements should not be dismissed as mere rhetoric. “The Nigerian law prohibits inciting statements capable of making citizens live in perpetual fear. The threat to destroy Nigeria was not idle talk—it was aimed at creating Biafra, and there are consequences for such statements,” he said.

He argued that Kanu had a case to answer on the seven-count terrorism charge levelled against him by the Office of the Attorney General of the Federation, and asked the judge to reject the no-case submission and direct the defendant to open his defence.

But Kanu’s legal team, led by Chief Kanu Agabi (SAN), pushed back forcefully, challenging the foundation of the prosecution’s case.

Agabi told the court that not a single witness testified to being incited by Kanu. He noted that all five prosecution witnesses, who are operatives of the Department of State Services (DSS), simply obtained statements from Kanu and were not involved in any investigation.

He also pointed out that despite the charges being amended eight times, no investigative report had been tendered, and no victim of Kanu’s alleged incitement had been brought forward.

Insisting that Kanu only called for self-defence in the face of widespread violence, Agabi argued, “Urging Nigerians to defend themselves is a constitutional right that has also been echoed by prominent Nigerians, including retired General T.Y. Danjuma.”

He also criticised the prolonged solitary confinement Kanu has faced for nearly a decade. “International law prohibits solitary confinement beyond 15 days,” he said.

Agabi urged the court to rule that no prima facie case had been established and to discharge and acquit his client.

After hearing arguments from both sides, Justice Omotosho adjourned the matter until October 10 for ruling.