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The detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, who is facing a seven-count terrorism and treasonable felony charge, yesterday, told the Federal High Court sitting in Abuja that he has no case to answer.
Kanu took the position shortly after the Federal Government, which is prosecuting him, announced its decision to close its case.
FG wrapped up its case after the fifth prosecution witness, PW-5, concluded his testimony and was discharged by the court.
The witness, whose name was shielded, was simply identified as EEE before he gave his testimony behind a protective screen.
Upon the conclusion of his cross-examination by a member of Kanu’s legal team, Dr. Onyechi Ikpeazu, SAN, FG’s counsel, Chief Adegboyega Awomolo, SAN, informed the court that he would no longer produce any witness to testify in the matter.
Awomolo, SAN, said the prosecution team was satisfied that from the avalanche of evidence tendered through the five witnesses, the government had effectively established the charge against the defendant.
“I will therefore, at this juncture, close the case of the prosecution,” the senior lawyer added.
Following the announcement, the head of Kanu’s defence team, Chief Kanu Agabi, SAN, notified the court about his client’s decision to enter a no-case submission in the matter.
A no-case submission is made when a defendant is convinced that the totality of evidence that was adduced by the prosecution, failed to establish a prima facie case that is capable of warranting the court to compel him to enter his defence to the charge.
Should the application succeed, the defendant would be discharged by the court, thus marking an end to the trial.
Given Kanu’s decision, trial Justice James Omotosho gave his legal team and FG, 14 days each to file written addresses and two days to file their reply on points of law.
The case was subsequently adjourned till July 18 for adoption of the no-case-submission.
Earlier in the proceeding, FG, through the PW-5, tendered in evidence, a report it said linked the embattled IPOB leader to the killing of 186 police officers as well as the destruction of 164 police stations during the EndSARS protests that took place in 2020.
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The witness, who is an operative of the Department of State Services, DSS, told the court that he was part of a team that was deployed to gather intelligence and compile reports on the impact of violence that trailed the protest.
He told the court that he got to know Kanu through the media though they never met in person.
He told the court that his mandate was to record all the destructions of public properties and deaths of security operatives that occurred as a result of Kanu’s radio broadcasts.
Among the items he tendered, which were admitted in evidence by the court, included a damage assessment report, death certificates of some security officers, as well as a certificate of compliance.
Kanu’s lawyer challenged the admissibility of the exhibits, saying he would adduce his reason in the defendant’s final written address.
It will be recalled that Kanu was arrested on October 14, 2015, upon his return to the country from the United Kingdom.
Following his arraignment, the court, on April 25, 2017, granted him bail on health grounds after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April 28, 2017, released from the Kuje prison.
However, midway into the trial, the IPOB leader escaped from the country after soldiers invaded his country home at Afara Ukwu Ibeku in Umuahia, Abia State, an operation that led to the death of some of his followers.
Kanu was later re-arrested in Kenya on June 19, 2021, and extraordinarily renditioned back to the country by security agents on June 27, 2021.
Owing to the development, the trial court, on June 29, 2021, remanded him in custody of DSS, where he remains till date.
On April 8, 2022, the court struck out eight out of the 15-count charges that FG preferred against him on the premise that they lacked substance.
Likewise, the Abuja Division of the Court of Appeal, on October 13, 2022, ordered Kanu’s immediate release from detention even as it quashed the charge against him.
Dissatisfied with the decision, FG took the matter before the Supreme Court, even as it persuaded the appellate court to suspend the execution of the judgment, pending the determination of its appeal.
While deciding the appeal, the Supreme Court, on December 15, 2023, vacated the judgment of the appellate court and gave FG the nod to try the IPOB leader on the subsisting seven-count charge.
