JUST IN: Prosecution failed to counter 10 issues raised by Defense
The defence team representing Nnamdi Kanu told a Federal High Court in Abuja that the prosecution failed to address ten key issues they raised in their no-case submission, urging the court to acquit the detained leader of the Indigenous People of Biafra (IPOB).
Kanu’s lead counsel, Kanu Agabi (SAN), at the resumed hearing today, Friday, July 18, 2025, argued that the prosecution did not prove any element of the terrorism charges brought against the defendant. According to him, despite several broadcasts cited by the prosecution, no individual was brought to court to testify they were incited by Kanu’s words.
Agabi contended that the witnesses presented by the prosecution were inadequate, noting that all came from the Department of State Services (DSS) and repeatedly gave vague responses such as “I don’t remember” or “I’m not aware.”
He cited this lack of clarity 80 times from the record of proceedings. “If they (prosecution) failed to respond to one or two issues, it is enough for the court to acquit the defendant. But, in this case, the prosecution failed to respond to 10 issues raised by the defence,” Agabi said.
He also challenged the credibility of the evidence tendered, particularly death reports that were not verified by medical professionals under cross-examination. He insisted that IPOB was not lawfully proscribed, arguing that the process lacked presidential approval. Furthermore, he claimed Kanu’s prolonged solitary confinement of over six years breached international law and had affected his mental state.
In response, prosecuting counsel Adegboyega Awomolo (SAN) maintained that the no-case submission should be rejected. He said the prosecution presented five witnesses and various audio-visual materials which established a prima facie case against Kanu. Awomolo argued that Kanu’s broadcasts were not just boasting but were inciting and contributed to the death of at least 170 security personnel.
“Why will somebody say a terrorist, who boasted that security men and other people should be killed, should be allowed to go free?” he asked.
He accused the defence team of causing delays in the trial and insisted that Kanu should be ordered to enter a defence. He also defended the legitimacy of IPOB’s proscription, stating that the matter was already before the Supreme Court and should not be reopened by the trial court.
Justice James Omotosho adjourned the case to 10 October for a ruling on whether Kanu has a case to answer.
