![Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra, IPOB.[PHOTO CREDIT: Ripples Nigeria]](https://crediblenewsng.com/wp-content/uploads/2025/04/Nnamdi-Kanu-.jpg)
The Federal High Court in Abuja has dismissed the no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra, IPOB, ruling that he must open his defence against terrorism-related charges brought by the Federal Government.
Delivering judgment on Friday, Justice James Omotosho held that the prosecution had established a prima facie case sufficient to require Kanu to respond.
He explained that at this stage of trial, the court is only concerned with whether there is enough evidence to warrant an explanation from the defendant, not proof beyond a reasonable doubt.
“It is in the defendant’s interest to clear his name of the allegations. The evidence on record raises issues requiring his defence,” the judge stated.
Kanu’s lead counsel, Chief Onyechi Ikpeazu (SAN), had argued that the charges lacked merit and that the court should strike them out. The defence relied on technicalities of procedure and claimed the prosecution failed to establish sufficient grounds to continue.
However, the judge disagreed, emphasising that a no-case submission is an option available to the defence but only at the conclusion of the prosecution’s case. The court found that the evidence presented so far required a response from the accused.
The court also ruled on Kanu’s application to be transferred from the Department of State Services (DSS) detention facility to the National Hospital, Abuja, citing alleged deteriorating health.
While rejecting the request for outright transfer, Justice Omotosho took a middle ground by directing the Nigerian Medical Association, NMA, to set up an independent medical panel to evaluate the IPOB leader’s health status.
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The panel, to be constituted by the NMA president, must consist of eight to ten experts, including a cardiologist, a neurologist, and the Chief Medical Director of the National Hospital or a designated representative. The experts will have the liberty to use any appropriate medical facility in conducting their examination.
The court ordered that the panel’s findings be compiled into a report, signed by both the chairman and secretary, and submitted within eight days. The report is expected to determine whether Kanu is medically fit to continue his trial and whether the DSS facility is adequate for his care.
Government counsel, Chief Adegboyega Awomolo (SAN), had earlier opposed Kanu’s transfer, warning that taking him to a public hospital could compromise national security. He argued that the DSS had already complied with previous orders allowing Kanu access to doctors, relatives, and lawyers, and maintained that there was no proof the medical care provided so far was insufficient.
Justice Omotosho acknowledged these concerns but insisted that an independent review by the NMA was necessary to resolve the conflicting claims about Kanu’s health.
The case has been adjourned until October 8 to allow the court to consider the medical panel’s report before continuing with Kanu’s trial.
The ruling is seen as a major development in a long-running legal saga that has drawn national and international attention. Kanu, who was re-arrested in 2021 after fleeing Nigeria, faces multiple charges linked to terrorism and secessionist agitation. His supporters insist he is being persecuted for political reasons, while the Federal Government argues it is enforcing national security and the rule of law.
Friday’s decision means the trial will proceed, while the question of his health remains under independent medical review.
Crediblenewsng.com
