Justice James Kolawole Omotosho of the Federal High Court in Abuja has set October 10 for ruling on the “No Case” submission made by the embattled leader of IPOB, Mazi Nnamdi Kanu, through his legal team.
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The “No Case” submission, dated July 4, 2025, and filed on July 14, 2025, was adopted today.
While adopting their written address, the lead counsel to the defendant, Kanu Agabi, SAN, informed the court of their reasons for filing a “No Case” submission.
During the cross-examination of the prosecution’s witnesses, statements like “I don’t know,” “I am not aware,” “I don’t remember,” were used 80 times, which contradicts the rule of proving beyond a doubt.
About 10 issues were raised by the defence, and the prosecution failed to respond.
All witnesses during their testimony stated that their role was limited to just obtaining statements from the defendant, and those statements were not investigated.
Some evidence was filed after the commencement of the trial, which acts as an answer to questions raised during cross-examination, and that is unfair.
During their testimony, the witnesses could not clearly distinguish what they heard, what they were told, what they saw or the results of their investigation.
On the charges of inciting violence, nobody was mentioned who had confirmed that they were incited by Kanu’s broadcast.
The court lacks the jurisdiction to try the matter related to the transmitter, as this was noted in the judgement of the appeal court.
On the charges of leading an illegal group. Though the matter is before the Supreme Court, there was no presidential approval for the said proscription.
The mantra of sections 1 and 2 of the terrorism act, which speaks to intentionality, was not charged or proven.
The matter has lingered for 10 years; memories have been lost, which is why statements like “I don’t remember” were used. Also, the defendant has been kept in solitary confinement for about six years, which contravenes the provisions of international law, which state that solitary confinement should not exceed 15 days.
The prosecution threw in the event of the EndSars, stating that the EndSars report could not be authenticated.
The amended charges did not follow due process, as they were not filed. As such, the defendant pleaded to a non-existent charge.
In their response, Adegboyega Awomolo, SAN, stated that the prosecution called five witnesses and proven every element of the charges.
He also noted that the judge is not expected to go into the technicalities of the case or the evidence, stating that all that is expected is for the judge to determine if there is any where the defendant needs to answer any question or make a statement or say a word in his defence.
Furthermore, Adegboyega said that the law prohibits any statement that would create fear. So, if the defendant said he was just boasting, then he needs to explain the basis for his boasting.
On the issue of solitary confinement, Adegboyega argued that the defendant enjoyed bail from 2017-2022, and it was the order of the court to keep him in custody for the good of the nation and the safety of Nigerians. He stated that the issue of being kept in solitary confinement for so long or the delay in hearing was a result of the “shenanigans of the defence.”
Addressing the proscription of IPOB, he noted that it is not in the place of the judge to decide, as the matter is before the Supreme Court.
After listening to both parties, the judge set October 10 for ruling on the “No Case” submission.
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