The Federal High Court in Abuja, on Friday, dismissed the no-case submission filed by the leader of the Indigenous People of Biafra.
Justice James Omotosho, in a ruling on Friday, held that the Department of State Services has made out a prima facie case against Kanu.
He accordingly ordered Kanu to enter his defence, as the prosecution has been able to convince the court without reasonable doubt that he has a 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,” Justice 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 a reasonable doubt.
“The Court, however, holds that the defendant has to explain his 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 judge declared.
“The defendant is to enter his defence,” Justice Omotosho added.
Recall that after the DSS started calling its witnesses codenamed for security purposes, it told the Court that Radio Biafra was not licensed in Nigeria.
The witnesses stated that Kanu used the broadcast from the radio to invite violence, which led to violence and killings.
They also alleged that Kanu ordered his followers to kill people and made the sit-at-home orders while he directed his followers to enforce them.
The DSS said Kanu, leader of IPOB, threatened secession from Nigeria and urged the court to dismiss Kanu’s no-case submission.
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