The Federal High Court in Abuja, presided over by Justice James Omotosho, on Friday, September 26, delivered two significant rulings concerning Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB). The court dismissed Kanu's no-case submission in his terrorism trial and simultaneously ordered the Nigerian Medical Association (NMA) to establish an independent panel of medical experts to assess his health status and fitness to stand trial.

In a pivotal decision, Justice Omotosho rejected Kanu’s no-case submission, concluding that the prosecution had successfully established a prima facie case against him. This ruling necessitates that Mr. Kanu enter his defence against the terrorism charges brought by the federal government. The judge stated that the evidence presented by the prosecution through its five witnesses warranted an explanation from the accused. He clarified that this decision does not equate to a finding of guilt but rather ensures Kanu's right to a fair hearing, allowing him to exhaust his defence options and clarify any unresolved issues before a final verdict. The court also dismissed arguments from Kanu's legal team regarding an alleged extraordinary rendition from Kenya in 2021, holding that no material evidence had been presented to support such a claim, thus affirming the court's jurisdiction over the case. Kanu's lawyer, Onyechi Ikpeazu (SAN), had argued that the government failed to prove any direct link between his client's statements and acts of violence, asserting that Kanu's Radio Biafra broadcasts merely urged self-defence amidst insecurity.

Concurrently, the court addressed Mr. Kanu's persistent complaints about his health and his request to be transferred from the State Security Service (SSS) custody to the National Hospital, Abuja, for medical attention. Considering conflicting medical reports presented by both the prosecution and defence, Justice Omotosho declined an immediate transfer but instead ordered the NMA to constitute an investigative committee. This panel, comprising between eight to ten medical experts from diverse fields such as Cardiology, Pulmonology, Urology, and Neurology, is tasked with thoroughly assessing Kanu's health. The Chief Medical Director of the Abuja National Hospital, or a representative, must also be a member of this panel, given Kanu's preference for the hospital.

The NMA panel is directed to inspect the SSS medical facility to determine its suitability for Kanu’s medical needs. They must ascertain if there is a necessity to transfer him to the National Hospital should the SSS facility prove inadequate. Crucially, the panel is also mandated to investigate whether Mr. Kanu's current health status renders him unfit to stand trial. The court ordered the NMA to submit its independent medical report, signed by the committee's chairman and secretary, within eight days from the ruling date, which was September 26. The matter has been adjourned until October 8, when the court will consider the NMA's report to determine the next steps in the trial, including whether it will proceed on an accelerated basis should Kanu be certified fit.

Mr. Kanu, who has been in SSS custody since June 2021, faces charges of terrorism and treasonable felony related to his agitation for the secession of Nigeria’s South-eastern states. His trial commenced afresh before Justice Omotosho. Prior to these latest rulings, Kanu had also challenged restrictions on his attire and limited access to his lawyers and family, which he argued hindered his defence preparations, prompting a court order for the SSS to grant him unhindered access to his legal team.