By Correspondent in Abuja.
The Federal High Court in Abuja on Friday dismissed a no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), ruling that he must enter his defence in the ongoing terrorism trial.
Delivering the ruling, Justice James Omotosho held that the Department of State Services (DSS) had established a prima facie case against Kanu through evidence presented by five prosecution witnesses.
“I have carefully reviewed the evidence before the court. They point to the establishment of a prima facie case against the defendant.This is not to say the defendant is guilty but that he should be given the opportunity to present his defence in line with his constitutional right to a fair hearing,”the judge said.
He stressed that the presumption of innocence still applied, adding that the prosecution retained the duty to prove its case beyond reasonable doubt, citing Section 135(1) of the Evidence Act, 2011.
On the defence’s argument that the court lacked jurisdiction due to alleged extraordinary rendition, Justice Omotosho held that no evidence had been presented to support the claim, saying that such an argument could only be considered if evidence was given under oath.
The court also rejected Kanu’s application to be transferred to the National Hospital, Abuja, for medical treatment.
Instead, Justice Omotosho ordered the President of the Nigerian Medical Association (NMA) to constitute an independent panel of eight to ten medical experts from various fields, including cardiology, pulmonology, urology, and neurology, to assess Kanu’s actual health status.
The panel, which must include the Chief Medical Director of the National Hospital or a representative, is to inspect the DSS medical facility and determine its suitability to handle Kanu’s health condition. Where inadequate, the panel may recommend his transfer to the National Hospital.
The court directed the panel to file its report within eight days, signed by its chairman and secretary, and adjourned the matter until October 8 for consideration of the findings.
Edited by Dada Ahmed.
