The Federal High Court in Abuja on Friday overruled a no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), ruling that he has a case to answer in his alleged terrorism trial.
Justice James Omotosho held that the Department of State Services (DSS) had established a prima facie case requiring Kanu to enter his defence.
The judge said the evidence presented by the DSS through five witnesses demanded explanations from the defendant.
*“I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge.
“The evidence all point to the establishment of a prima facie case against the defendant.
“The evidence is such that the defendant must proffer some explanations or defence to the allegation made against him, especially considering the seriousness of the offences as they are such that the life of the defendant is at stake,”* he said.
Justice Omotosho explained that the court would not at this stage evaluate the evidence but noted that it showed sufficient grounds for the trial to proceed.
*“This is not to say that the defendant is guilty as charged but simply that he be afforded his right to fair hearing and put in his defence before this court.
“A connection of the defendant with the offences, no matter how slight, constitutes prima facie evidence and as such the defendant would be required to enter his defence to the charge or a rebuttal of some sort,”* he said.
He stressed that Kanu remained presumed innocent until proven guilty, citing Section 135(1) of the Evidence Act, 2011.
On the argument that the court lacked jurisdiction due to alleged extraordinary rendition, Omotosho held that no evidence had been placed before the court to support that claim.
*“It is when such evidence relating to extraordinary rendition of the defendant is given on oath that the issue of jurisdiction relating to it can be considered by this court.
“The right of a defendant to defend himself is a fundamental right provided under Section 36 of the 1999 Constitution (as amended).
“This defendant, having not waived his right to defend himself either expressly or by conduct, and the no-case submission made by him, having been overruled, he is hereby called upon to put in his defence to the charge against him,”* he ruled.
The judge also declined Kanu’s application to be transferred to the National Hospital for treatment. Instead, he ordered the president of the Nigerian Medical Association (NMA) to constitute a panel of experts to assess Kanu’s health status.
He said the panel, comprising eight to ten doctors across diverse medical fields such as cardiology, pulmonology, urology and neurology, should evaluate the suitability of the DSS medical facility and determine whether Kanu required treatment at the National Hospital.
The chief medical director of the National Hospital, or a representative, must also be part of the panel.
Omotosho directed that the panel’s independent report be submitted to the court within eight days.
The matter was adjourned until 8 October for consideration of the report.
(NAN)