The Federal High Court, Abuja, has overruled the no-case submission filed by the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the terrorism charges brought against him by the Nigerian government.
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The trial judge, Justice James Omotosho, on Friday, maintained that the federal government has established a prima facie case against Kanu and, in the spirit of a fair hearing, the defendant is required to enter his defence.
The court also ordered the Nigerian Medical Association (NMA) to investigate Kanu’s health status to determine whether he is fit to stand trial and whether it is necessary to transfer him from the detention facility of the Department of State Services (DSS) to the National Hospital.
The court held that the defendant, Kanu, still has the right to life and must remain alive to face his trial.
According to the court, the NMA is to set up an investigative panel of between eight and ten members to consider whether Kanu truly has a life-threatening disease, whether the medical facility of the DSS is inadequate to treat him, and whether he is fit to stand trial.
constitute an independent medical panel to investigate the health condition of detained Indigenous People of Biafra (IPOB) leader Nnamdi Kanu, while simultaneously ruling that he must enter his defense against terrorism charges after dismissing his no-case submission.
Ruling on Transfer to National Hospital
Key points of the ruling on the application to transfer Kanu to the hospital
“The defendant still enjoys the right to life. I wholeheartedly subscribe to the fact that the defendant needs to be alive to face his trial,” the judge stated, stating the court’s commitment to ensuring proper medical attention for the accused.
However, the court raised concerns about the defence’s medical arrangements, particularly the exclusive control given to a new physician without involving the DSS’s medical experts. Justice Nyako noted that this approach “raises suspicion,” especially given that defence counsel did not challenge the assessment that Kanu represents a flight risk.
Rather than ordering an immediate transfer to the National Hospital, the court directed the NMA president to establish an investigative panel of eight to ten medical experts. The panel’s mandate includes determining whether Kanu is genuinely suffering from claimed medical conditions and assessing the adequacy of DSS medical facilities to handle his healthcare needs.
The court specifically ordered that the Chief Medical Officer of the National Hospital or his representative must serve on the investigative panel, ensuring institutional medical expertise in the evaluation process. The panel must submit its signed report to the court within eight days from today, providing a structured timeline for resolving the medical care dispute.
Ruling on No-Case Submission
In a separate but equally significant ruling, Justice Nyako dismissed Kanu’s no-case submission, requiring him to present his defence against the terrorism charges. The court explained that a no-case submission succeeds only when the prosecution’s evidence is insufficient or fails to establish a prima facie case requiring a defence response.
“I have carefully gone through the evidence presented by the prosecution. The evidence is such that the defendant ought to enter some explanation,” Justice Nyako ruled, clarifying that this determination does not imply guilt but ensures fair hearing opportunities.
The judge reiterated the distinction between prima facie case establishment and proof beyond a reasonable doubt, noting that the current proceeding focuses on whether sufficient evidence exists to warrant a defence response. “This is not to say that the defendant is guilty as charged, but an opportunity to give him a fair hearing and allow him to exhaust his chances of explaining himself,” the court stated.
Addressing defence claims of extraordinary rendition, Justice Nyako noted the absence of supporting evidence before the court, effectively setting aside arguments that Kanu’s detention circumstances should invalidate the proceedings.
The ruling requires Kanu to enter his defence following the prosecution’s case closure, moving the trial into its next critical phase.
Justice Omotosho noted that, if it is determined that Kanu is fit enough to stand trial, his initial order for an accelerated hearing still stands.
As such, he will give the defence team nine consecutive days within which they are expected to make and close their defence.
The court then set October 8 to consider the report of the NMA.
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