*Orders NMA To verify Kanu’s health Status In Eight Days
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The Federal High Court in Abuja on Friday rejected a motion by the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, seeking to quash the seven-count terrorism and treasonable felony charges against him.
Delivering the ruling, Justice James Omotosho dismissed Kanu’s application as lacking merit and directed him to open his defence, stating that a prima facie case has been established against the IPOB leader. The court scheduled October 8 for Kanu to formally respond to the allegations.
Kanu, through his legal team led by former Attorney-General and Minister of Justice, Chief Kanu Agabi, SAN, had argued that the Federal Government (FG) failed to provide credible evidence to substantiate the charges. The defence contended that neither documentary evidence nor oral testimony from five government witnesses established a prima facie case. Chief Agabi also noted that the witnesses, all operatives of the Department of State Services (DSS), were limited to obtaining statements from Kanu and did not testify to being incited to commit crimes.
The defence further argued that Kanu’s broadcasts, which were cited by the prosecution, were misinterpreted, stating that he only urged Nigerians to defend themselves against marauding killers. Agabi criticized Kanu’s prolonged solitary confinement, stating it violated international standards limiting solitary detention to 15 days, and also questioned the legality of IPOB’s proscription, which he claimed lacked presidential approval.
Conversely, the prosecution, led by Chief Adegboyega Awomolo, SAN, urged the court to dismiss the no-case submission, asserting that Kanu’s broadcasts incited violence, led to destruction, and contributed to the deaths of at least 170 security operatives. Awomolo maintained that Kanu had admitted leadership of a proscribed organisation and that the content of his broadcasts could not be dismissed as mere boasting.
In a separate ruling, Justice Omotosho directed the Nigeria Medical Association (NMA) to set up a team of medical experts to evaluate Kanu’s health. The court ordered the panel to submit its report within eight days to assist in determining whether Kanu should be transferred to the National Hospital, Abuja, for proper medical care.
The committee, comprising 8 to 10 members of the NMA, must include a cardiologist, a neurologist, and the Chief Medical Director of the National Hospital. The panel is permitted to use any hospital facilities in the country for its assessment and is required to confirm whether the DSS medical facility can adequately meet Kanu’s health needs.
Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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