The Federal High Court in Abuja has dismissed the no-case submission filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), ruling that he must open his defence in the terrorism charges brought against him by the federal government.
Delivering the ruling on Friday, Justice James Omotosho held that the prosecution had established a prima facie case linking Kanu to the allegations, thereby requiring him to respond. A no-case submission is a legal move typically filed by the defence after the prosecution closes its case, arguing that the evidence so far is insufficient to require the accused to enter a defence. If upheld, the defendant is discharged without further trial.
In rejecting the application, the court stressed that the standard for a prima facie case is not proof of guilt but the existence of evidence that touches on all essential elements of the alleged offences. Justice Omotosho maintained that it was in Kanu’s best interest to be given the opportunity to address the allegations against him and to ensure that the trial follows due process.
The ruling follows years of legal battles marked by adjournments, jurisdictional challenges, and disputes over the admissibility of evidence. Recently, the court excluded certain exhibits, including video recordings and written statements, after determining they were improperly obtained. Despite those setbacks, the federal government insists it has enough admissible evidence to sustain the charges.
Kanu’s legal team has consistently argued that his trial is unconstitutional, citing his controversial extradition from Kenya and rulings that previously discharged him. They have also raised questions about whether the Abuja court has proper jurisdiction under the Terrorism Prevention and Prohibition Act.
The latest decision ensures that the case will continue, with the defence now expected to present its arguments in the coming sessions.
