The Federal High Court in Abuja presided over by Justice James Omotosho on Friday, 26 September, 2025 dismissed the no-case submission filed by Nnamdi Kanu, the leader of the Indigenous People of Biafra.
Justice Omotosho, in a ruling on Friday, 26 September, 2025 held that the Department of State Services has made out a prima facie case against Kanu.
The judge also ordered Kanu to enter his defence, as the prosecution has being able to convince the court without reasonable doubt that he has case to answer in the alleged terrorism charge brought against him by the Federal Government.
Justice Omotosho held that the evidence presented by the Department of State Services through its five witnesses was such that there was a need for Kanu to provide some explanations in the charge brought against him.
“This is not to say the defendant is guilty as charged, but he is being accorded a right to a fair hearing to prove his innocence,” Omotosho said.
“The defendant is still innocent until proven guilty, and the prosecution still has a duty to prove its terrorism and treasonable felony allegations beyond reasonable doubt.
“The Court, however, holds that the defendant has to provide an explanation in view of the testimonies of the prosecution witnesses against him”.
Justice Omotosho also held that no evidence of extraordinary rendition to Nigeria was provided by Nnamdi Kanu’s legal team during the prosecution’s trial.
“This no-case submission by Nnamdi Kanu is overruled. The defendant is to enter his defence,” Justice Omotosho declared.
Kanu had filed a no-case submission after the prosecution closed its case in June, insisting that he has no case to answer in the charge brought against him.
Meanwhile, the Court has given the Nigerian Medical Association eight days to constitute a team of medical experts to determine the health status of Kanu.
In a ruling, Justice Omotosho ordered the NMA President to submit the committee’s report within eight days for consideration on whether Kanu should be transferred to the National Hospital for treatment.
Justice Omotosho directed that the committee, among other tasks, should assess the Department of State Services hospital to confirm whether it has the capacity to meet Kanu’s health needs.
Justice Omotosho further ruled that the NMA committee would be at liberty to make use of any hospital in the country for its investigations. He specified that the panel should comprise between eight and ten NMA members, including a cardiologist and a neurologist. The Chief Medical Director of the National Hospital must also be part of the committee.
The decision followed conflicting medical reports presented by the DSS medical team and Kanu’s private consultants.
The DSS lead counsel, Adegboyega Awomolo, disclosed the NMA’s intervention while opposing an application by Kanu’s legal team for his transfer to the National Hospital for urgent treatment.
Awomolo explained that a team of medical experts had already visited Kanu in DSS custody to assess his health, adding that the DSS medical team, led by Dr Mohammed Nasir, maintained that his condition could be adequately managed within DSS facilities.
Source: The Punch online
