The Federal Government has told the Federal High Court in Abuja that the threat by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu to break up the country and establish a Republic of Biafra was not a mere empty threat but a deliberate one.
Government said that the IPOB leader made a broadcast on Biafra Radio station where he openly and publicly declared his intention to break up Nigeria.
Responding to a no case application made by Kanu on Friday, counsel to the federal, Chief Adegboyega Awomolo, SAN said, the broadcast by Kanu put Nigerians in great fears.
The senior lawyer told the trial Judge, Justice James Omotosho to reject the claims by Kanu that he had no case to answer in the seven-count terrorism charges preferred against 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.
The federal government lawyer informed the court that Kanu, in the broadcast directed his followers to go after police men to kill them 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”, he told the court.
Awomolo pleaded with the Judge to reject the no case argument of Kanu and order him to enter his defense in the charges preferred against him adding that, the no case application was a misplaced and misconceived one.
However, Kanu through his lead counsel, Chief Kanu Agabi, SAN faulted the prosecution of his client in the charges and asked the court to discharge and acquit him.
Agabi said, 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 Service (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 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 a mere boasting and should not be used against him to justify terrorism offences.
He said, 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 solitary confinement of Kanu in the last 10 years in violations of International law 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 case is established 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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