Kanu Abandons Plan to Enter Defence, Insists on No-Case Submission

Kanu Abandons Plan to Enter Defence, Insists on No-Case Submission

The detained leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, on Monday, abandoned his earlier plan to call witnesses in his ongoing trial before the Federal High Court in Abuja. Kanu is being prosecuted on seven counts of terrorism charges brought against him by the Federal Government. On Friday, Kanu had prayed the court for an adjournment after informing the trial judge, Justice James Omotosho, that his former legal team, led by a former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN), had yet to release his case file to him. Meanwhile, Kanu had earlier expressed his readiness to open his defence in a written application to the court, in which he indicated his intention to call witnesses and requested the issuance of witness summons. However, at the resumed hearing on Monday, Kanu told the court that upon reviewing the case file, he had concluded that there was no valid charge against him. He argued that since he believed the charges were unlawful and that the prosecution had failed to establish any case, there was no need for him to proceed with his defence. In response, the trial judge, Justice James Omotosho, directed Kanu to file a written address formally stating his position and to serve the prosecution accordingly. Justice Omotosho further advised the IPOB leader to consult experts in criminal law to understand the possible legal implications of his decision. The judge thereafter adjourned the case to November 4, 5, and 6 for the adoption of final written addresses, based either on Kanu’s position that no case had been established against him or for him to proceed with his defence if he decides otherwise. Details later….

Kanu Fit for Trial, Ailment Not Life-Threatening – NMA

Kanu Fit for Trial, Ailment Not Life-Threatening – NMA

  The Nigerian Medical Association on Thursday informed the Federal High Court in Abuja that the illness of the leader of the Indigenous People of Biafra, Nnamdi Kanu, is not life-threatening. The medical panel set up by the NMA President said it had concluded the health assessment ordered by the court on the IPOB leader and found that Kanu is fit to stand trial. About two weeks ago, the trial judge, Justice James Omotosho, directed the association to independently assess Kanu’s health status following conflicting medical reports presented by the defence and the prosecution. Kanu is currently being prosecuted by the Federal Government on charges relating to alleged terrorism. According to the panel’s report, which was submitted to the court on October 13, by the prosecution team led by Chief Adegboyega Awomolo (SAN) and partly read in open court during Thursday’s proceedings, the medical body stated that the defendant’s ailment does not pose any immediate danger to his life and confirmed that he is fit to stand trial. Relying on the medical findings and in the absence of any objection from counsel to the parties, Justice Omotosho ruled that the court was satisfied that the defendant could proceed with his trial. The judge consequently granted Kanu six consecutive days, beginning from October 23, to open and close his defence. Additionally, Justice Omotosho granted an oral application by Kanu’s lead counsel, Chief Kanu Agabi (SAN), seeking permission for a private consultation between the defendant and his legal team outside the Department of State Services premises. Agabi had argued that the defence team feared their discussions with Kanu might be monitored or recorded by the DSS. The court therefore approved that the private meeting be held within the courtroom, with only Kanu and his lawyers present. The consultation is scheduled to take place between 9 am and 12 noon on 22 October, ahead of the resumption of the trial on October 23. Details shortly…

Court Admits DSS Report Linking Kanu To #EndSARS Violence

  A Federal High Court sitting in Abuja has admitted into evidence a report by the Department of State Services allegedly linking the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, to the killing of 186 police officers and the destruction of 164 police stations during the #EndSARS protests. Justice James Omotoso admitted the report during the resumed hearing in Kanu’s terrorism trial on Thursday. The report was tendered by the prosecuting counsel, Adegboyega Awomolo (SAN), through the fifth prosecution witness (PW5) codenamed Mr EEE for security reasons. Led in evidence by Awomolo, the witness, a DSS operative, told the court that he was part of a team deployed to the South-East and other parts of the country to gather information and compile reports on the violence that erupted during the #EndSARS movement. “I know the defendant through the media. I have never met him face-to-face,” the witness said. EEE also said that his mandate was to collect records of the destruction of public property and the deaths of security personnel, allegedly incited by Kanu’s statements. The court admitted as exhibits a damage assessment report, death certificates of some security officers, and a certificate of compliance tendered through the witness by Awomolo. Although the defence lawyer objected to the admissibility of these documents, arguments were reserved for a later date. According to the witness, the violence led to the deaths of 186 police officers, 37 military personnel, and 10 DSS operatives. The witness further stated that 164 police stations and nine facilities belonging to the Independent National Electoral Commission were destroyed across 17 states, including Lagos, Abia, Anambra, Cross River, Delta, Ebonyi, and Rivers, as a result of Kanu’s inciting messages. During cross-examination, counsel for the defence, Dr Onyechi Ikpeazu (SAN), challenged the credibility of the report and the basis for linking Kanu to the unrest. “You were not part of the investigation into the defendant himself, correct?” Ikpeazu asked. “I was tasked to investigate the destruction of public property based on the statements of the defendant. He gave instructions to IPOB members to kill officers,” EEE responded. Ikpeazu pressed further, questioning whether Kanu’s statements were directly tied to the #EndSARS protests or IPOB activities. He also inquired whether notable activist Aisha Yesufu, known for her role in the protests, was similarly investigated. “My assignment was not to investigate Biafra or individuals like Aisha Yesufu but to assess damage from the #EndSARS protest,” the witness replied. He added that while the protests were driven by “organic issues like police brutality,” they were “hijacked by subversive elements” who incited violence against the state. When pressed for details, the witness admitted he could not identify any specific page in the report directly attributing the deaths to IPOB members. “It is a voluminous document. There is no single caption that links deaths directly to IPOB on any page,” he said. Ikpeazu highlighted several deficiencies in the report, including a lack of dates on photographs, the absence of the witness’s signature, and missing details such as the names or towns of the deceased and the medical examiners. The witness admitted the report was certified in his capacity as secretary but was not personally signed by him. “You did not sign this report. In fact, none of the photographs show the dates they were taken,” Ikpeazu observed, suggesting the report was compiled after the commencement of the trial—a claim the witness denied. Meanwhile, the prosecution counsel, Chief Awomolo (SAN), stated that the prosecution had succeeded in presenting evidence relating to the case and urged the court to grant his prayers. The defence counsel, Kanu Agabi (SAN), entered a no-case submission, indicating they would proceed to address the court. The court granted each party 14 days to submit their arguments on the no-case submission and an additional two days for replies on points of law. Justice Omotoso adjourned the case to July 18 for the adoption of the no-case submission. Punch