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The Federal High Court in Abuja, on Friday, rejected a no-case submission by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), ruling that he must answer charges related to alleged terrorism and the ‘Sit-at-Home’ order.
Justice James Omotosho ruled that the Department of State Services (DSS) has established a prima facie case against Nnamdi Kanu, requiring him to present a defence.
The judge noted that the testimonies of the five DSS witnesses provided sufficient grounds for the IPOB leader to respond to the charges.
He stated, “After reviewing the evidence submitted by the prosecution regarding this charge, it is clear that a prima facie case has been made against the defendant (Kanu).”
The judge stated that the evidence requires the defendant to provide explanations or a defence against the allegations, especially given the seriousness of the offences, which put the defendant’s life at risk.
Read also: Court directs NMA to assess Nnamdi Kanu’s medical condition
He explained that the court would not evaluate the evidence at this stage but would acknowledge that a prima facie case of involvement in terrorist activities has been established against the defendant.
He emphasised, “This does not mean the defendant is guilty of the charges; rather, it ensures the defendant’s right to a fair hearing and an opportunity to present a defence before the court.
“The prosecution’s evidence has laid sufficient ground to proceed with the trial.
“Any link between the defendant and the offenses, no matter how minor, constitutes prima facie evidence, requiring the defendant to enter a defense or offer a rebuttal,” the judge explained.
Justice Omotosho further clarified that establishing a prima facie case does not imply guilt. It allows the defendant to present their defence and resolve any issues that might affect the court’s final decision.
He reiterated that the defendant is presumed innocent until proven guilty, and the prosecution must prove the charges beyond a reasonable doubt, citing Section 135(1) of the Evidence Act, 2011.
Regarding the claim that the court lacked jurisdiction due to an alleged extraordinary rendition, the judge ruled that no evidence supporting this claim had been submitted.
He stated, “Only sworn evidence concerning the defendant’s alleged extraordinary rendition would allow the court to consider jurisdictional issues related to it.
“Courts do not base their decisions on evidence not presented before them.
“Under Section 36 of the 1999 Constitution (as amended), the right to defend oneself is fundamental and can only be waived expressly or by conduct.
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“Since the defendant has not waived this right and his no-case submission was dismissed, he is now required to present a defence against the charges.
“No matter how eloquent counsel’s arguments are, they cannot replace evidence,” the judge ruled.
Justice Omotosho also denied Kanu’s request for transfer to the National Hospital for medical treatment.
Instead, the judge ordered the president of the Nigerian Medical Association (NMA) to establish a panel of medical experts to assess Kanu’s health condition.
This decision was prompted by conflicting medical reports from the prosecution and defence.
The judge directed the NMA to provide an independent medical report within eight days of the ruling date.
He added, “While the court recognises the defendant’s application, it must also consider objections from the complainant.
“To ensure justice, the court will balance the interests involved by issuing orders to facilitate a fair resolution of the application.
“The president of the NMA is ordered to form a committee or panel to investigate and evaluate the following:Inspect the DSS medical facility to determine its adequacy and whether it can address the defendant’s medical needsAssess if transferring the defendant to the National Hospital, Abuja, is necessary if the DSS facility is inadequate to provide proper care given the nature of his medical conditions.”
The panel is also tasked with determining whether Kanu’s health is sufficient for him to continue standing trial.
Read also: Cleric calls for unconditional release of Nnamdi Kanu to restore peace in Southeast
Justice Omotosho specified that the committee should include eight to ten members from medical specialities relevant to Kanu’s condition, such as Cardiology, Pulmonology, Urology, and Neurology, among others.
He further ordered that the chief medical director of Abuja National Hospital or a representative be included on the panel, noting that Kanu had chosen that hospital for treatment.
The panel may use any medical facility, including the National Hospital, Abuja, in conducting its investigation.
“The panel’s report must be signed by its chairman and secretary and submitted within eight days from September 26,” the judge ruled.
He adjourned the case until October 8 to review the NMA’s findings.
