The federal government has insisted that the alleged threat by the leader of outlawed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to break up the country and establish a Republic of Biafra was not an empty threat.
The government told the Federal High Court in Abuja that the embattled IPOB leader made a broadcast on Biafra Radio station, where he publicly declared his intention to break up Nigeria.
Responding to a ‘No Case’ application made by Kanu on Friday, counsel to the federal government, Chief Adegboyega Awomolo, SAN, said the broadcast by Kanu caused Nigerians to live in great fears.
He told Justice James Omotosho to reject Kanu’s claim that he had no case to answer in the 7-count terrorism charges brought against him by the federal government.
Awomolo argued, that boasting to break up Nigeria is a fundamental security issue to the nation and as such, should not be considered as empty threat as claimed by Kanu.
Counsel to the federal government also informed the court that Kanu, in the broadcast, directed his followers kill policemen along with their families, adding that over 170 security agents were killed shortly after the broadcast.
“The defendant made a broadcast. He proudly declared himself as IPOB leader, even when he knew that IPOB had been proscribed. He made a broadcast that the world will come to standstill.
“The law of Nigeria prohibits words capable of making Nigerians live in perpetual fears, threatening to bring Nigeria down. The aim is to create Biafra and not a mere boasting and there are consequences for such boasting,” the lawayer argued.
Awomolo pleaded with the Judge to reject the ‘no case’ argument by Kanu but order him to enter his defense in the charges against him, adding that the ‘no case’ application was misplaced and misconceived.
However, Kanu through his lead counsel, Chief Kanu Agabi, SAN, had faulted the prosecution of his client in the charges and asked the court to discharge and acquit him.
Among others, Agabi said that throughout the proceedings, no single witness was called to tell the court how he was incited by Kanu to take to violence.
He also informed the court that the five witnesses called during trial who are operatives of the Department of the 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 8 times without anyone testifying that he was instigated to violence.
Insisting that Kanu was only asking people to defend themselves from the wanting killings, Agabi argued that the threat to ‘bring the world down’ by Kanu was a mere boasting and should not be used against him to justify terrorism offences.
He stressed that asking Nigerians to defend themselves was a Constitutional right which had been re-echoed by other Nigerians including General T.Y. Danjuma (retd).
Agabi also faulted the alleged solitary confinement of Kanu in the last 10 years, describing it as violations of International law that stated that solidarity confinement must not last for more than 15 days.
Insisting that ingredients of terrorism charges were not established throughout the trial, Agabi pleaded with the Judge to hold that no prima facie was made against Kanu to warrant ordering him to enter defence in the charges.
Justice Omotosho after taking arguments for and against the ‘no case’ application, fixed October 10 for ruling.
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