The Federal Government has called on the Federal High Court in Abuja to dismiss the no-case submission filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB).
The government insisted that Kanu has a case to answer on the terrorism and treasonable felony charges brought against him.
During Friday’s proceedings, the Federal Government’s lead counsel, Chief Adegboyega Awomolo, SAN, urged the trial judge, Justice James Omotosho, to reject the defence’s application.
Awomolo argued that Kanu’s public declarations and broadcasts on Radio Biafra constituted grave threats to Nigeria’s unity and security.
According to the prosecution, Kanu had, in his broadcast, openly declared his intention to break up Nigeria and establish a Republic of Biafra. Awomolo maintained that Kanu’s statements were neither idle threats nor harmless rhetoric, but deliberate and dangerous utterances that incited public fear and endangered national security.
“The defendant made a broadcast in which he identified himself as the leader of IPOB, fully aware that the organisation had been legally proscribed,” Awomolo stated. “In his speech, he asserted that the world would come to a standstill, while also directing his followers to target and kill policemen and their families.”
Awomolo further alleged that the incitement directly led to the deaths of over 170 security personnel. He stressed that under Nigerian law, making inciting statements capable of instilling fear among citizens is prohibited.
He added that Kanu’s repeated threats to destroy Nigeria were not casual boasts but serious provocations with real-world consequences.
In urging the court to dismiss the no-case submission, Awomolo contended that the prosecution had presented sufficient evidence linking Kanu to the seven-count terrorism charge filed by the Office of the Attorney General of the Federation. He insisted that Kanu should be compelled to open his defence.
However, Kanu’s lead counsel, Chief Kanu Agabi, SAN, strongly opposed the prosecution’s stance. Agabi argued that the Federal Government had failed to establish a prima facie case against his client, warranting his discharge and acquittal.
Agabi highlighted that throughout the proceedings, none of the five witnesses— all operatives of the Department of State Services (DSS)—claimed they had been incited by Kanu to commit violence.
He also noted that the DSS witnesses merely obtained statements from Kanu and conducted no further investigations to substantiate the allegations of terrorism.
Further challenging the credibility of the prosecution’s case, Agabi pointed out that the charges against Kanu had been amended eight times, yet no direct evidence had been provided to prove that his client’s statements led to any acts of violence. He insisted that Kanu’s remarks about “bringing the world down” were nothing more than boastful talk, devoid of actionable threats or incitement.
Agabi also defended Kanu’s statements as calls for self-defence, a constitutional right endorsed even by prominent Nigerians like retired General T.Y. Danjuma.
He criticised the prolonged detention and solitary confinement of Kanu, describing it as a violation of international law, which restricts solitary confinement to a maximum of 15 days.
Concluding his submission, Agabi asserted that the prosecution had not satisfied the legal requirements to sustain a terrorism charge and urged the court to uphold the no-case submission.
After listening to both sides, Justice James Omotosho adjourned the matter to October 10, 2025, for ruling on the no-case submission.
IREPORT247NEWS reported that Kanu had earlier declared before the Federal High Court that he had no case to answer, following the prosecution’s decision to close its case after presenting five witnesses. The final prosecution witness, identified only as “EEE” for security reasons, testified from behind a protective screen.
At that session, Chief Awomolo confidently announced the closure of the government’s case, stating, “We believe our case is sufficiently proven and we therefore close the prosecution’s case.”
In swift response, Kanu’s legal team immediately filed a no-case submission, asserting that the prosecution had failed to establish any credible evidence requiring Kanu to enter a defence.
READ MORE: Kanu Declares No Case to Answer as FG Closes Terrorism Trial
Kanu’s legal troubles have been marked by a series of legal twists and developments since his initial arrest in 2015. After being granted bail on medical grounds in 2017, Kanu fled Nigeria following a military raid on his Abia State residence.
In 2021, he was re-arrested in Kenya and repatriated to Nigeria, where he has remained in the custody of the DSS. His legal journey has since witnessed multiple court rulings: in April 2022, the Federal High Court struck out eight of the 15 initial charges against him. The Court of Appeal later ordered his release and quashed the remaining charges.
However, that victory was short-lived as the Supreme Court overturned the appellate court’s decision in December 2023, thereby allowing the Federal Government to proceed with a revised seven-count charge against him.
As the matter awaits the court’s ruling in October, all eyes remain on the Federal High Court in Abuja to determine the next chapter in Kanu’s long-running legal battle with the Nigerian state.