Nnamdi Kanu
Daniel Otera
The Federal High Court in Abuja is poised to deliver a pivotal judgement today in the long-running terrorism trial of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), a ruling that carries profound implications for national security and the restive South-East region.
Justice James Omotosho will rule on a suite of applications, including a fresh motion from Kanu which contends that the charges against him are null and void because they are based on a repealed terrorism law. The IPOB leader is seeking not only the dismissal of the charges but also an order for his immediate release from the custody of the Department of State Services (DSS), where he has been held since his controversial repatriation from Kenya in June 2021.
Kanu’s legal journey has been a labyrinth of adjournments, appeals, and vehement arguments. His legal team describes his capture and return to Nigeria as an “extraordinary rendition,” a claim that once led the Court of Appeal to discharge him in October 2022. That victory was short-lived, as the Supreme Court later set aside the decision and ordered his trial to continue.
Facing a seven-count charge alleging terrorism, incitement, and managing an unlawful society, Kanu has pleaded not guilty. However, the case took a dramatic turn when the defendant, after being overruled on a ‘no-case’ submission and directed to open his defence, opted not to call any witnesses. Instead, he launched a fresh legal offensive.
In his new motion, Kanu argues that the Terrorism Prevention and Prohibition Act under which he was initially charged has been repealed. He asserts that “there are no valid charges against him” and has asked the court to expunge his “purported plea of not guilty,” which he claims was entered under “deception.” He further seeks an order to set aside all subsequent proceedings, labelling them a “nullity.”
Justice Omotosho, while fixing the judgement date on November 7, expressed frustration with the defendant’s approach. He noted that the court had ensured a fair hearing, granting multiple adjournments for Kanu to cross-examine prosecution witnesses. The judge revealed that he had personally appealed to Kanu “in God’s name” to present his defence.
“The defendant has not demonstrated seriousness in the proceedings,” Justice Omotosho stated, citing Supreme Court authorities to conclude that by failing to utilise the opportunity to defend himself, Kanu had “waived his right to defence.”
Anticipating potential unrest, police forces across the South-East have been placed on high alert. In Kanu’s home state of Abia, the police command has assured residents of tightened security.
The state Commissioner of Police, Danladi Isa, through the Police Public Relations Officer, ASP Maureen Chinaka, said, “We have already placed security coverage to monitor the entire state. We put some security strategies in place to make sure there is no breakdown of law and order.”
Read Also: 44 Reps Urge Tinubu to Release Nnamdi Kanu, Call for National Dialogue
Chinaka emphasised that the police are collaborating with other security agencies. “Abia is safe. The command, as the lead internal security agency at all times, is out to ensure the maintenance of law and order and protection of life and property… The command is not expecting any anti-behaviour on Thursday, whichever way the judgement goes.”
A similar stance was echoed in Enugu State, though its Police Public Relations Officer, Daniel Ndukwe, responded to inquiries with a rhetorical question: “Have you seen the judgement that he is going to be convicted?”
In a bold, parallel move just days before the judgement, Kanu filed a criminal complaint at a Chief Magistrate’s Court in Abuja against two masked DSS witnesses who testified against him.
In the complaint obtained by Observers Times, Kanu, acting as the complainant, accuses the witnesses—identified in court as Mr TAA (PW1) and Mr BBB (PW2)—of “wilfully giving false evidence on oath,” an offence known as perjury.
Kanu alleges that Mr TAA falsely denied knowing Mr Brown Ekwoaba, a DSS Assistant Director who, Kanu claims, supervised his detention and interviews in 2015. The IPOB leader submitted affidavits from his brother, Prince Emmanuel Kanu, and another individual, Benjamin Madubugwu, to counter the witness’s testimony.
He further accuses Mr BBB of contradicting himself, noting that the witness testified to having never met Kanu except in court, yet also gave detailed evidence about leading a video interview with him at the DSS headquarters in July 2021.
Kanu contends that the “materially false” testimony was designed to obscure the true chain of custody concerning statements he made in 2015 and 2021.