In a major development in the ongoing terrorism trial of Nnamdi Kanu, the Federal High Court in Abuja has dismissed the IPOB leader’s no-case submission and directed him to open his defence. Justice James Omotosho, delivering the ruling on Friday, held that the prosecution had established a prima facie case against Kanu, warranting him to respond to the charges. The case has now been adjourned until 8 October 2025 for continuation.
Why the No-Case Submission Was Rejected
Kanu, who has been in State Security Service (SSS) custody since June 2021, faces terrorism-related charges stemming from his agitation for the secession of Nigeria’s South-East and parts of neighbouring states to form an independent Biafra nation. After the prosecution closed its case in June 2025, Kanu’s legal team opted for a no-case submission, arguing that the evidence presented did not link their client to the alleged offences.
Justice Omotosho, however, disagreed. He ruled that the five witnesses called by the prosecution provided sufficient material evidence to justify calling Kanu to defend himself. Citing Section 135 (1) of the Evidence Act, 2011, the judge clarified that ordering Kanu to enter his defence does not amount to a guilty verdict but rather ensures his constitutional right to fair hearing.
“A connection of the defendant with the offences, no matter how slight, constitutes prima facie evidence,” Omotosho stated. “This is not to say that the defendant is guilty as charged but simply that he should be afforded his right to defend himself.”
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Extraordinary Rendition Argument Rejected
Kanu’s lawyers had argued that his alleged extraordinary rendition from Kenya to Nigeria in 2021 invalidated the court’s jurisdiction. The judge dismissed this claim, explaining that no sworn evidence had been presented to substantiate the claim. He stressed that jurisdictional challenges require credible evidence on oath, not mere arguments by counsel.
Court Orders Independent Medical Assessment
In a related ruling, Justice Omotosho declined Kanu’s request to be moved to the National Hospital for medical treatment. Instead, he ordered the Nigerian Medical Association (NMA) to assemble a panel of medical experts to independently assess Kanu’s health status and determine his fitness to stand trial.
This directive underscores the court’s concern about the defendant’s medical condition while maintaining judicial neutrality. The NMA panel’s report is expected to be submitted when proceedings resume on 8 October 2025.
Key Implications
Legal Rights Protected: Kanu remains presumed innocent until proven guilty, and the prosecution still bears the burden of proof beyond reasonable doubt.
Focus on Fair Trial: The judge emphasized the need for the IPOB leader to exhaust his options for defence and clear unresolved issues before a final decision is reached.
Health Review Mandated: By ordering an independent health assessment, the court aims to ensure Kanu’s ability to participate fully in his trial.
As the October date approaches, attention will be on both the NMA’s medical report and how Kanu’s legal team responds to the court’s ruling requiring him to enter his defence.
