The Indigenous People of Biafra (IPOB) on Tuesday outlined reasons why the Federal High Court in Abuja should release its leader, Mazi Nnamdi Kanu, without further delay.
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In a statement titled “Eight Questions That Must Be Answered Before Any Talk of Trial: Why Nigeria Has No Case Against Mazi Nnamdi Kanu”, IPOB’s spokesperson, Emma Powerful, reminded the court that Justice Binta Nyako once told the Nigerian state that no government can permanently rely on intimidation in place of evidence to prosecute its case.
IPOB argued that as the ruling on Kanu’s “No-Case Submission” approaches, no court can substitute sentiment for law.
The statement read, “Justice Binta Nyako once told the Nigerian state that no government can permanently rely on intimidation in place of evidence.
“Today, we wish to remind His Lordship, Justice James Omotosho, that no court can substitute sentiment for law.
“As the ruling on the No-Case Submission of Mazi Nnamdi Kanu approaches, these are questions every citizen, every lawyer, every judge and Justice Omotosho himself must answer before pronouncing whether there is a case to answer or not.
“If these questions are not answered affirmatively and lawfully, then the prosecution has failed, and the court has no choice but to discharge the defendant.”
IPOB raised the following questions:
1. Can a prima facie case be established in the absence of an investigation report?
Citing Ikomi v. The State (1986) 3 NWLR (Pt.28) 340, IPOB stated that failure to conduct a proper investigation renders the prosecution incurably defective. No investigation report linking Kanu to incitement, terrorism, or treason has been produced, and there is no forensic trail or investigative analysis.
2. Can a prima facie case be established solely on the testimony of five DSS officers?
IPOB pointed out that all five DSS officers are institutionally biased and none has firsthand knowledge of any offence. Citing Adele v. The State (1995) 2 NWLR (Pt. 377) 269 and Musa v. The State (2019) LPELR-46920(CA), the group argued that such testimony lacks credibility and is inadmissible.
3. Can a prima facie case exist without naming any co-conspirator?
The group cited Patrick Njovens & Ors v. The State (1973) LPELR-SC.48/1973, stressing that the failure to name or arraign collaborators renders the charge speculative and legally untenable.
4. Can a case stand without an identified victim?
Referencing Onagoruwa v. The State (1993) 7 NWLR (Pt.303) 49, IPOB argued that no victim has been presented or testified, and the absence of an injured party invalidates the charge.
5. Can mere association with a proscribed group amount to criminal liability?
IPOB answered in the negative, citing Eze v. FRN (1987) 1 NWLR (Pt.51) 506 and Asari Dokubo v. FRN (2007) 12 NWLR (Pt.1048) 320. The group maintained that no criminal act by Kanu has been identified.
6. Can a broadcast alone establish a prima facie case?
Citing Nwankwo v. The State (1985) 6 NCLR 228, IPOB said broadcasts cannot form the basis of a charge unless directly linked to unlawful outcomes. Furthermore, the prosecution has failed to prove the place or jurisdiction of the broadcast.
7. Can all these failings still lead to a conviction?
IPOB argued no, citing Ajiboye v. The State (1995) 8 NWLR (Pt.414) 408. If foundational elements collapse, the court must discharge the accused.
8. Can an ex parte proscription form the basis of a case?
According to IPOB, never. Citing Gani Fawehinmi v. Akilu & Anor. (1987) 4 NWLR (Pt. 67) 797, it stated that a proscription obtained without hearing IPOB or Kanu has no evidential value in a criminal trial and remains under legal challenge.
IPOB concluded that unless Justice Omotosho wants to align with those who have desecrated Nigeria’s judiciary, he must answer these questions honestly and lawfully.
“Any court that sidesteps these critical issues is no longer a court of justice but a tool of oppression. If the prosecution is relying on ‘no investigation report,’ only DSS witnesses without firsthand knowledge, no identified victims, no named collaborators, no jurisdiction over the alleged broadcasts, and a dubious ex parte proscription… then there is no case to answer.
“This is not just a legal crisis. This is a moral reckoning. And to all Nigerians South, North, East, and West—this is a test of how long you will allow injustice to reign under the guise of law.”
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