Alex Enumah in Abuja 

Justice James Omotosho of a Federal High Court in Abuja, will on October 10, decide whether the Federal Government has established the ingredients of terrorism charge brought against pro-Biafra nation agitator, Nnamdi Kanu, so as to order him to open his defence in the trial before his court.

Justice Omotosho fixed the date for his decision on Friday, shortly after both the defence and prosecution argued for and against the ‘No-case Submission’ filed by Kanu against the charge filed against him by the Federal Government.

The Department of State Services (DSS) had re-arraigned the pro-Biafran on an amended seven-count charge bordering on alleged terrorism and treasonable felony before Omotosho on March 21, following the withdrawal of the former judge, Binta Nyako, whom the defendant had accused of bias.

Meanwhile, the DSS closed its case against Kanu last month, after calling five witnesses and tendering several bundles of documentary and video evidence.

Rather than open his defence, Kanu brought an application for a ‘No-case Submission’ which was argued and objected to at Friday’s proceedings.

In faulting the charge against him, Kanu through his lead counsel, Chief Kanu Agabi (SAN), urged the court to discharge and acquit him on grounds that the prosecution failed to call a single witness to prove to the court how he incited anyone to take to violence. 

Besides, the senior lawyer noted that the five witnesses called during trial, who were operatives of the DSS, had admitted that their roles were limited to obtaining statements from the defendant. 

Agabi further argued that no investigation whatsoever was carried out on Kanu’s statements and no report of any investigation on terrorism allegations was made available to the court. 

The senior lawyer drew the attention of the court to the fact that the charges against Kanu were amended eight times, yet no one came to testify he was instigated to violence. 

Insisting that Kanu was only asking people to defend themselves from the wanton killings, Agabi argued that the threat to bring the world down by Kanu was a mere boasting and should not be used against him to justify terrorism offences. 

He said that asking Nigerians to defend themselves is a constitutional right and has been re-echoed by other Nigerians including General T. Y. Danjuma (rtd). 

Agabi also faulted the solitary confinement of Kanu in the last 10 years in violation of international law that solitary confinement must not last for more than 15 days. 

In conclusion, the defence counsel insisted that the ingredients of terrorism charges were not established throughout the trial, and urged the court to hold that no prima facie case has been made against Kanu to warrant ordering him to enter defence in the charges. 

However, the prosecution completely disagreed with the defendant, maintaining that it has proved its case and that the court should order Kanu to enter his defence.

The lead prosecution counsel, Chief Adegboyega Awomolo (SAN), stated that the threat by Kanu to break up the country and establish a Republic of Biafra was not a mere empty threat but a deliberate one. 

Awomolo referenced a broadcast on Biafra Radio station where Kanu openly and publicly declared his intention to break up Nigeria, adding that the broadcast by Kanu caused many  Nigerians to Iive in great fear. 

The senior lawyer accordingly urged the court to reject Kanu’s claim that he had no case to answer in the seven-count terrorism charge against him.

Awomolo argued that boasting to break up Nigeria is a fundamental security issue to the nation and as such, should not be considered as empty threat as claimed by Kanu. 

The government lawyer informed the court that Kanu, in the broadcast, directed his followers to go after policemen to kill them along with their families, adding that over 170 security agents were killed shortly after the broadcast. 

“The defendant made a broadcast. He proudly declared himself as IPOB leader even when he knew that IPOB had been proscribed. He made a broadcast that the world will come to a standstill. 

“The law of Nigeria prohibits words capable of making Nigerians live in perpetual fears, threatening to bring Nigeria down. The aim is to create Biafra and not a mere boasting and there are consequences for such boasting,” he said. 

After taking submissions from all parties in the suit, Justice Omotosho announced that judgment in the ‘No-case Submission’ has been fixed for October 10.