Mazi Nnamai Kanu, the leader of the Indigenous People of Biafra, (IPOB), will today, Friday, September 26 know his fate at the Federal High Court in Abuja.
This is as the court will rule on the no case submission he made after the Nigerian Government closed its case on the terrorism charge filed against him.
He is requesting that the terrorism charges against him be quashed and he be set free from the charges.
If the no case submission is upheld, Kanu will be discharged and get the long awaited freedom from custody.
Justice James Omotosho is to deliver ruling on whether the Biafra nation agitator has a case to answer on terror charges or not on September 26.
NATIONAL POST recalls that Justice James Omotosho had earlier fixed October 10 for the ruling, however, the date was brought forward on the ground that the ruling was ready ahead of the date.
The notice for the ruling has been served on Kanu through his lawyer, Chief Godwin Kanu Agabi, SAN, while that of the federal government was delivered to it through Chief Adegboyega Awomolo, SAN, who prosecuted the case.
Kanu made a no case submission shortly after the federal government concluded presentation of its case against him upon calling five witnesses and rendering some exhibits.
Among other arguments, Agabi, SAN, said that throughout the proceedings, no single witness was called to tell the court how he was incited by Kanu to resort to violence.
He also informed the court that the five witnesses called during the trial, who are operatives of the Department of State Services (DSS), admitted that their roles were limited to obtaining statements from Kanu.
Agabi argued that no investigation whatsoever was carried out on Kanu’s statements and no report of any investigation on terrorism allegations was made available to the court.
The senior lawyer drew the attention of the court to the fact that the charges against Kanu were amended eight times, yet no one came to testify that he was instigated to violence.
Insisting that Kanu was only asking people to defend themselves from the wanton killings, Agabi argued that the threat to bring the world down by Kanu was mere boasting and should not be used against him to justify terrorism offences.
He said that asking Nigerians to defend themselves is a constitutional right and has been re-echoed by other Nigerians, including General T. Y. Danjuma (rtd).
Agabi also faulted the solitary confinement of Kanu over the last 10 years, in violation of international law that states solitary confinement must not last more than 15 days.
Insisting that the ingredients of terrorism charges were not established throughout the trial, Agabi, SAN, pleaded with the judge to hold that no prima facie case was made against Kanu to warrant ordering him to enter defence on the charges.
On its part, the Federal Government told the Court that the threat by Biafra nation agitator, Nnamdi Kanu, to break up the country and establish a Republic of Biafra was not a mere empty threat but a deliberate one.
Meanwhile, there have been demands from several quarters from the release of the IPOB leader.
Many see it as part of the process towards restoring law and order in the South-East region.
Governor Peter Mbah and other political leaders have been in the forefront seeking for Kanu’s release.
