The Federal High Court in Abuja will on October 10, 2025, decide whether the Federal Government has successfully established a prima facie terrorism case against Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), or if he should be discharged without entering a defence.
Justice James Omotosho fixed the date after listening to arguments from both the prosecution and defence during Friday’s proceedings. Kanu is facing a seven-count amended charge bordering on terrorism and treasonable felony, filed by the Department of State Services (DSS).
Following the withdrawal of the former trial judge, Justice Binta Nyako, whom Kanu had accused of bias, the case was reassigned to Justice Omotosho, before whom the IPOB leader was re-arraigned on March 21. The DSS closed its case last month after presenting five witnesses and tendering several video and documentary exhibits.
Instead of opening his defence, Kanu, through his legal team led by Chief Kanu Agabi (SAN), filed a no-case submission, urging the court to dismiss the charges for lack of merit. Agabi told the court that none of the witnesses presented by the prosecution proved that Kanu incited violence or committed acts of terrorism. He said all five witnesses were DSS operatives who merely obtained statements from the defendant, without carrying out any independent investigation.
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He noted that despite amending the charges eight times, the prosecution failed to present any individual who claimed to have been incited to violence by Kanu’s broadcasts. According to him, the broadcasts were misinterpreted, as Kanu was only urging people to defend themselves, which is a right enshrined in the Nigerian Constitution. He added that other respected Nigerians, including retired General T. Y. Danjuma, had made similar calls for self-defence in the face of insecurity.
Agabi also criticised the alleged prolonged solitary confinement of Kanu, stating that under international law, such confinement should not exceed 15 days. He said the DSS had kept Kanu in isolation for almost 10 years, a violation that further discredits the prosecution’s case. He maintained that the charges were politically motivated and lacked any legal foundation. Agabi therefore urged the court to discharge and acquit Kanu, as no prima facie case had been made against him.
However, the lead prosecution counsel, Chief Adegboyega Awomolo (SAN), opposed the no-case submission. He argued that the prosecution had presented enough evidence to require the defendant to enter his defence. Awomolo stated that Kanu’s calls to break up Nigeria were not mere boasts but deliberate threats to national unity and security. He cited a broadcast on Radio Biafra in which Kanu allegedly called for attacks on policemen and their families, claiming that over 170 security agents were killed soon after the broadcast.
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He also pointed out that Kanu openly identified as the leader of IPOB, a group already proscribed by Nigerian law, and that his repeated declarations about bringing Nigeria down caused panic and fear among citizens. Awomolo insisted that such threats cannot be dismissed as free speech, as they had real-world consequences.
He urged the court to reject the defence’s argument and rule that Kanu has a case to answer. After hearing from both sides, Justice Omotosho announced that ruling on the no-case submission has been fixed for October 10. Until then, Kanu’s trial remains at a critical turning point.
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