Nigerian Federal Government Closes Terrorism Case Against Nnamdi Kanu

The federal government has formally concluded its case in the ongoing terrorism trial of Mazi Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB). The announcement was made by Chief Adegboyega Awomolo, SAN, who leads the federal government’s prosecution team, after the fifth prosecution witness (PW-5), identified only as EEE for security reasons, was discharged following cross-examination. Awomolo expressed satisfaction that the extensive evidence presented, including broadcasts of Kanu's activities, sufficiently warranted the closure of the prosecution's case.
In response, Chief Kanu Agabi, the lead defense counsel, informed the court of their intention to file a no-case submission in due course, indicating that they believe the prosecution has not presented enough evidence to warrant the defendant's continued trial.
Earlier in his testimony, PW-5, an officer of the Department of State Services (DSS) from Abuja headquarters, stated he was directed to lead a team to the southern region of Nigeria between 2020 and 2021 to document activities related to the #EndSARS protest. His assignment included gathering records of public properties destroyed and death certificates of security officers who died during the protests. The witness presented three documents: a report of the #EndSARS assessments, a list of deceased officers, and their death certificates. These documents were admitted as exhibits PWD2, PWD2A, and PWD2B, despite the defense's stated intention to object at a later time. A summary of these exhibits revealed a grim toll: 128 policemen, 37 army officers, and 10 DSS agents were killed, and 164 police stations and 19 Independent National Electoral Commission (INEC) facilities were destroyed during the period.
During cross-examination by Onyechi Ikpeazu, SAN, Kanu’s lawyer, EEE admitted he was not directly involved in investigating the crimes allegedly committed by Kanu. Instead, his focus was on the fallout of the #EndSARS protest, which he claimed Kanu enabled through his broadcasts. When questioned if the entire #EndSARS protest was initiated solely by Kanu's directive, the witness stated he did not know, but maintained that Kanu instructed people to attack security officials and destroy public property. EEE clarified that his assignment was to investigate the #EndSARS issue, to which Kanu allegedly incited the public, and explicitly denied that the #EndSARS issue was a 'Biafran issue.' While he acknowledged knowing of Aisha Yesufu, a protest leader, he confirmed he had not investigated her origins. Regarding the primary cause of the #EndSARS protest being police brutality, EEE distinguished between 'open causes' and 'underlying causes' of an insurrection, asserting that police brutality could be a 'secondary cause,' with the 'real reasons' stemming from 'subversive elements' inciting the public, including Kanu's broadcasts. EEE confirmed Kanu leads IPOB but could not confirm if IPOB was concerned with events in areas outside the South East like Lagos or Osun. The cross-examination also highlighted discrepancies in the tendered documents, including a report about Osun State stating 'no life was lost in Ekiti State,' and an addendum within the report that shifted from covering 'destruction associated with the End SARS protest' to 'associated with IPOB/ESN activities,' for which EEE offered no explanation.
Mazi Nnamdi Kanu's legal saga began with his initial arrest in Lagos on October 14, 2015. He was granted bail on health grounds by the Federal High Court on April 25, 2017, and subsequently released from Kuje prison on April 28, 2017. However, he later escaped the country following an invasion of his home by soldiers. Kanu was re-arrested in Kenya on June 19, 2021, and extradited back to Nigeria on June 27, 2021, remaining in DSS custody since. On April 8, 2022, eight of the 15 charges against him were struck out. The Abuja Division of the Court of Appeal further ordered his immediate release and quashed the remaining charges on October 13, 2022, citing the Nigerian government's flagrant violation of laws in his rendition from Kenya. This decision, however, was challenged by the federal government at the Supreme Court, which on December 15, 2023, overturned the appellate court's judgment, allowing Kanu to face trial on the subsisting seven-count charge.