The Federal High Court in Abuja has dismissed the no-case submission filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), in response to terrorism charges brought by the Nigerian government.
On Friday, Justice James Omotosho, presiding over the trial, ruled that the government had established a prima facie case against Kanu. In the interest of fair hearing, the court directed Kanu to enter his defense. The court also ordered the Nigerian Medical Association (NMA) to investigate Kanu’s health to determine his fitness for trial and whether he should be transferred from the Department of State Services (DSS) detention facility to the National Hospital.
The court emphasized Kanu’s right to life, stating he must remain alive to face trial. It directed the NMA to form a panel of eight to ten members to assess whether Kanu has a life-threatening condition, if the DSS medical facility is adequate to treat him, and whether he is fit to stand trial.
Court Proceedings
The session addressed Kanu’s transfer request to the National Hospital and his no-case submission. After a two-hour break, Justice Omotosho began his ruling with the hospital transfer request. He acknowledged Kanu’s right to life and health but raised concerns about Kanu granting his new physician exclusive control over his medical care without DSS involvement, which he found suspicious. The court also noted that Kanu’s counsel did not dispute his status as a flight risk.
The judge issued the following orders:
– The NMA president must form a panel of eight to ten members, including the chief medical officer of the National Hospital or their representative, to evaluate Kanu’s medical condition, the adequacy of DSS medical facilities, and his fitness for trial.
– The NMA panel must submit its report, signed by the chairman and secretary, to the court within eight days.
Ruling on No-Case Submission
On the no-case submission, Justice Omotosho explained that such a submission applies when there is insufficient evidence or the prosecution fails to establish a prima facie case requiring the defendant to enter a defense. He stated, “The court’s role at this stage is to determine if a prima facie case exists, not to establish proof beyond reasonable doubt.”
After reviewing the prosecution’s evidence, the judge found sufficient grounds for Kanu to provide explanations. He clarified that this does not imply guilt but ensures Kanu’s right to a fair hearing. Consequently, the no-case submission was overruled, and Kanu was ordered to enter his defense.
The judge also addressed the defense’s claim of “extraordinary rendition,” noting there was no evidence before the court to support it.
Adjournment
The case was adjourned to October 8 for the court to review the NMA’s report. If Kanu is deemed fit for trial, the accelerated hearing will proceed, with the defense given nine consecutive days to present and conclude their case.
