A Federal High sitting in Abuja on Friday upheld the position of the Department of State Services (DSS) that leader of the Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, stand trial for his alleged terrorism-related activities.
The court rejected a request by the Biafran nation agitator to be transferred from the DSS facility to the National hospital, Abuja, for medical treatment.
Ruling on a no-case submission filed by Kanu’s counsel, Onyechi Ikpeazu, SAN, Justice James Omotosho held that a prima facie case of engaging in terrorism activities has been established against the detained IPOB leader.
The Court stated that a no-case submission was an option open to the defence to make at the end of the submission by the prosecution.
Justice Omotosho held that at the stage of trial, the court was bound to consider if there is a prima facie case (requiring an explanation from the defendant) and not proof beyond reasonable doubt.
He, therefore, ruled that there is a prima facie case of engaging in terrorism activities against Kanu and ordered him to open his defence. The judge said it is in Kanu’s interest to clear his name of allegations of wrongdoing.
In declining Kanu’s request to be transferred from the facility of the Department of State Services (DSS) to the National hospital, Abuja, for medical care, the court ordered President of the Nigerian Medical Association (NMA) to set up a team of experts to determine the true health condition of the detainee.
Members of the medical team, the court ruled, must include a cardiologist, a neurologist, and the CMD of National Hospital, Abuja. In addition, thr team shall be at liberty to use of any medical facility for the purpose of carrying out its findings.
The report of the panel, ordered the court, shall be signed by the chairman and secretary within eight days of the ruling and filed in the court, Justice Omotosho ruled.
The court adjourned till October 8 to consider the report of the NMA panel.
