The Federal High Court in Abuja has dismissed a no-case submission by Nnamdi Kanu, leader of the Indigenous People of Biafra, ruling that he must enter his defence against terrorism charges.
Justice James Omotosho delivered the ruling on Friday, stating that the Department of State Services had established a prima facie case against the detained separatist leader.
“The evidence presented by the Department of State Services through its five witnesses were such that there was the need for Kanu to provide some explanations in the charge brought against him,” Justice Omotosho declared.
The judge ruled that the prosecution had convinced the court beyond reasonable doubt that Kanu had a case to answer regarding the terrorism charges filed by the Federal Government.
Kanu’s legal team had filed the no-case submission in June after the prosecution closed its case, arguing that their client had no case to answer.
In a separate ruling, Justice Omotosho gave the Nigerian Medical Association eight days to establish a team of medical experts to assess Kanu’s health status.
The judge directed the NMA President to submit the committee’s findings within eight days to determine whether Kanu should be transferred to the National Hospital for treatment.
“The committee, among other tasks, should assess the Department of State Services hospital to confirm whether it has the capacity to meet Kanu’s health needs,” Justice Omotosho stated.
The court specified that the medical panel should comprise between eight and ten NMA members, including a cardiologist and a neurologist. The Chief Medical Director of the National Hospital must also serve on the committee.
Justice Omotosho further ruled that the NMA committee would have the liberty to utilise any hospital in the country for its investigations.
The decision followed contradictory medical assessments presented by the DSS medical team and Kanu’s private consultants.
DSS lead counsel, Adegboyega Awomolo (SAN), disclosed the NMA’s intervention whilst opposing an application by Kanu’s legal team for his transfer to the National Hospital.
Awomolo explained that medical experts had already visited Kanu in DSS custody to evaluate his health condition. He added that the DSS medical team, led by Dr Mohammed Nasir, maintained that Kanu’s condition could be adequately managed within DSS facilities.
However, Kanu’s private consultants, led by Professor Martin Aghaji, a retired professor of medicine from the University of Nigeria, Nsukka, argued that his deteriorating health required urgent transfer to the National Hospital and even suggested possible treatment abroad.
The DSS dismissed Professor Aghaji’s report as “exaggerated and suspicious,” particularly for recommending foreign hospitals. They alleged that he had unilaterally altered Kanu’s medication without consulting DSS doctors who had been treating him for four years.
Awomolo argued that transferring Kanu to the National Hospital would disrupt services and pose security risks. He insisted that the federal government remained committed to Kanu’s safety and was willing to allow him access to medical experts of his choice within DSS facilities.
Kanu’s lead counsel, Dr Onyechi Ikpeazu (SAN), maintained that the transfer request was based on Professor Aghaji’s findings. He stressed that the DSS lacked adequate facilities to manage Kanu’s ailments.
“It was in the interest of justice that Kanu remain alive to face the terrorism charges against him,” Ikpeazu argued.
Ikpeazu added that his team would not oppose the NMA’s intervention, provided it was ordered by the court.
The matter has been adjourned until 8th October for further proceedings.
