You have case to answer, court tells Nnamdi Kanu

A Federal High Court in Abuja has rejected the no-case submission made by the detained self-acclaimed leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, in his ongoing alleged terrorism trial.

Justice James Omotosho, in a ruling on Friday, held that the prosecution has established a prima facie case against Kanu to warrant that he be ordered to enter his defence.

The judge, who overruled Kanu’s no-case submission, found that the evidence led by the prosecution and the exhibits it tendered have raised serious allegations of Kanu’s involvement in terrorist activities to warrant that he be allowed to defend himself.

On the defendant’s argument that the court lacked jurisdiction because of his alleged extraordinary rendition from Kenya, the judge held that evidence to that effect was not placed before the court, and so, the court cannot make a finding on it.

He said, “The defence raised the issue of jurisdiction of the court as a result of the alleged extraordinary rendition of the defendant.

“It must be known that no evidence of extraordinary rendition has been placed or given in this court.

“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.

“Laws are not based on evidence that is not placed before the court,” the judge said.

Justice Omotosho held that the evidence and exhibits and the need for him to demonstrate and lead evidence on his allegations of an extraordinary rendition, require that the defendant be given the opportunity and afforded his fundamental rights to a fair hearing to be allowed to enter his defence.

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Kanu is being prosecuted by the Department of State Services (DSS) on a seven-count amended charge bordering on his alleged involvement in terrorist activities.

Justice Omotosho said, “I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge. The evidence all points to the establishment of a prima facie case against the defendant.

“The evidence is such that the defendant must proffer some explanation or defence to the allegation made against him, especially considering the seriousness of the offence, as they are such that the life of the defendant is at stake.

“This court will refrain from evaluating the evidence, but will limit itself to stating that, on the whole, a prima facie case of engaging in terrorist activities has been made out against the defendant.

“This is not to say that the defendant is guilty as charged, but simply that he be afforded his right to a fair hearing and put in his defence before this court.

“The evidence of the prosecution has founded sufficient ground for proceeding with this trial.

“A connection of the defendant with the offence, 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.

“I must say here that holding that a prima facie case has been established does not necessarily imply that the court finds the defendant guilty of the charge.

“It is simply to allow the defendant to exhaust his options for his defence and to clear every unresolved issue which may weigh on the mind of the court in reaching a final decision.

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“The defendant is still presumed innocent until proven guilty, and the prosecution still has the duty to prove the charge beyond a reasonable doubt.

“I must say here that, in determining a no case submission, no other issue, including credibility of witnesses, competence of charge, pre-trial detention, lack of fair hearing, etc., will be entertained.

“It is only whether a prima facie case is made out that will be considered.

“The right of a defendant to defend himself/herself is a fundamental right provided under section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“Such right cannot be taken from a defendant except where a Defendant expressly or by conduct waives the same.

“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.

“The evidence by the prosecution witnesses, exhibits, and the need for the defendant to give evidence on how the extraordinary rendition took place and for the defendant to react to the evidence led by the prosecution through its five witnesses and the exhibits tendered, have occasioned a need for the defendant to put in his defence.

“The address of counsel, no matter how beautifully constructed, cannot take the place of evidence.

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“Based on the fundamental right to fair hearing as contained in Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which the defendant is entitled to, this court is inclined to give him the opportunity and afford him his fundamental right to fair hearing.

“Consequently, the no-case submission is overruled and the defendant is hereby ordered to enter his defence and make some explanations relating to the prima facie case against him,” Justice Omotosho said.

In an earlier ruling, the judge ordered the President of the Nigerian Medical Association (NMA) to set up a team of between eight to 10 members to determine whether Kanu’s health status makes him unfit to continue to stand trial.

Justice Omotosho issued the order while ruling on an application by Kanu, seeking to be transferred to a private ward in the National Hospital for urgent medical attention for alleged life-threatening ailments.

Justice Omotosho, who reviewed arguments by Kanu’s lawyer, Onyechi Ikpeazu (SAN) and that of the prosecution, Adegboyega Awomolo (SAN), ordered that the team, to be constituted by the NMA’s President, should assess the health facilities of the Department of State Services (DSS) to determine if they were adequate to effectively take care of Kanu’s ailments.

According to the judge, the team is also to determine whether or not it was necessary to transfer Kanu to the National Hospital as he requested and whether Kanu’s medical status was such that it could make him unfit to continue to stand trial.

The judge also ordered that the Chief Medical Director of the National Hospital or his representative should be a member of the team because the National Hospital is the hospital of choice of the defendant.

Justice Omotosho ordered that the report of the team’s findings should be signed by both its Chairman and Secretary, and it should be filed in the court’s registry within eight days from today.

You have case to answer, court tells Nnamdi Kanu