The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, who is facing a seven-count terrorism and treasonable felony charge, yesterday, told the Federal High Court sitting in Abuja that he has no case to answer.

Kanu took the position shortly after the federal government, which is prosecuting him, announced its decision to close its case.

Government closed its case after the fifth prosecution witness (PW-5), concluded his testimony and was discharged by the court.

The witness, whose name was shielded, was simply identified as EEE before he gave his testimony behind a protective screen.

Upon concluding his cross-examination by one of the key lawyers on Kanu Agabi’s legal team, Dr. Onyechi Ikpeazu, SAN, federal government’s counsel, Chief Adegboyega Awomolo, SAN, informed the court that he was done with witness in the matter.

Awomolo, SAN, said the prosecution team was satisfied that from the avalanche of evidence tendered through the five witnesses, the government had effectively established the charge against the defendant.

“I will therefore, at this juncture, close the case of the prosecution,” the senior lawyer added.

Following the announcement, the head of Kanu’s defence team, Dr. Ikpeazu , SAN, informed the court of his client’s decision to enter a no-case submission in the matter.

A no-case submission is made when a defendant is convinced that the totality of evidence that adduced by the prosecution failed to establish a prima facie case that is capable of warranting the court to compel him to enter his defence to the charge.

Should the application succeed, the defendant would be discharged by the court, thus bringing the trial to an end.

Given Kanu’s decision, the trial Justice James Omotosho gave his legal team and federal government, 14 days each to file their written addresses and additional two days for the filing of reply on points of law.

The case was subsequently adjourned to July 18th for the adoption of the no-case-submission.

Earlier during the hearing, the federal government through the PW-5 (EEE), tendered in evidence, a report it said linked the embattled IPOB leader to the killing of 186 police officers, as well as the destruction of 164 police stations during the EndSARS protests that took place in 2020.

The witness, who is an operative of the Department of State Services (DSS), told the court that he was part of the team that was deployed to gather intelligence and compile reports on the impact of violence that trailed the protest.

He told the court that he got to know Kanu through the media, though they never met in person.

He told the court that his mandate was to record all the destructions of public properties and deaths of security operatives that occurred as a result of Kanu’s radio broadcasts.

Among the items he tendered, which were admitted in evidence by the court, included a damage assessment report, death certificates of some security officers, as well as a certificate of compliance.

Kanu’s lawyer challenged the admissibility of the exhibits, saying he would adduce his reasons in the defendant’s final written address.

It will be recalled that Kanu was arrested on October 14th, 2015, upon his return to the country from the United Kingdom.

Following his arraignment, the court, on April 25th, 2017, granted him bail on health ground after he had spent about 18 months in detention.

Having perfected the bail conditions, he was on April 28th, 2017 released from the Kuje prison.

However, midway to the trial, the IPOB leader escaped from the country after soldiers invaded his country home at Afaraukwu, Ibeku in Umuahia LGA, Abia State, an operation that led to the killing of some of his followers by the soldiers.

Kanu was later re-arrested in Kenya on June 19, 2021, and extraordinarily renditioned back to the country by security agents on June 27th, 2021. 

Dueto the development, the trial court, on June 29th, 2021, remanded him at the custody of the DSS, where he had remained till date.

On April 8th, 2022, the court struck out eight out of the 15-count charges that government preferred against him on the ground that they lacked substance.

Similarly, the Abuja Division of the Court of Appeal, on October 13th, 2022, ordered Kanu’s immediate release from detention even as it quashed the remaining charges against him.

Dissatisfied with the decision, the federal government appealed the decision of the appellate court at the Supreme Court, persuading the apex court to suspend the execution of the judgment, pending the determination of its appeal.

While deciding the appeal, the Supreme Court, on December 15th, 2023, vacated the judgment of the appellate court and gave the federal government the nod to try the IPOB leader on the subsisting seven-count charges.