27th September 2025, NewsOrient, Law And Society, News

The Federal High Court sitting in Abuja, on Friday, dismissed the ‘no-case submission’ filed by the Leader of the Indigenous People of Biafra (IPoB), Mazi Nnamdi Kanu, and asked him to enter defence in the terrorism charge the Federal Government brought against him through the Department of State Service (DSS).

Justice James Omotosho, who gave the order, held tha DSS has made a prima facie case against Kanu. Consequently, the Court dismissed Kanu’s ‘no case submission’ but ruled that he should enter defence.

“This is not to say the defendant is guilty as charged, but he is being accorded a right to fair hearing to prove his innocence…

“The defendant is still innocent until proven guilty, and the prosecution still has a duty to prove its terrorism and treasonable felony allegations beyond reasonable doubt,” Justice Omotosho said.

On the health condition of Nnamdi Kanu, the Court gave the Nigerian Medical Association (NMA) eight days to constitute a team of medical experts and to determine Kanu’s health status.

Justice Omotosho ordered the NMA President to submit the committee’s report within eight days for consideration on whether Kanu should be transferred to the National Hospital for treatment.

Justice Omotosho directed that the committee, among other tasks, should assess the Department of State Services hospital to confirm whether it has the capacity to meet Kanu’s health needs.

Justice Omotosho further ruled that the NMA committee would be at liberty to make use of any hospital in the country for its investigations. He specified that the panel should comprise between eight and ten NMA members, including a cardiologist and a neurologist. The Chief Medical Director of the National Hospital must also be part of the committee.

The decision followed conflicting medical reports presented by the DSS medical team and Kanu’s private consultants.

The DSS lead counsel, Adegboyega Awomolo, disclosed the NMA’s intervention while opposing an application by Kanu’s legal team for his transfer to the National Hospital for urgent treatment.

Awomolo said that a team of medical experts had already visited Kanu in DSS custody to assess his health, adding that the DSS medical team, led by Dr Mohammed Nasir, maintained that his condition could be adequately managed within DSS facilities.

In contrast, Kanu’s private consultants, led by Professor Martin Aghaji, a retired professor of medicine from the University of Nigeria, Nsukka, argued that his deteriorating health required urgent transfer to the National Hospital, and even suggested possible treatment abroad.

The DSS dismissed Aghaji’s report as exaggerated and suspicious, particularly for recommending foreign hospitals, and alleged that he had unilaterally altered Kanu’s medication without consulting DSS doctors who had been treating him for four years.

Awomolo further argued that transferring Kanu to the National Hospital would disrupt services and pose security risks, insisting that the federal government was committed to his safety and willing to allow him access to medical experts of his choice within DSS facilities.

Kanu’s lead counsel, Dr Onyechi Ikpeazu, however, maintained that the transfer request was based on Aghaji’s findings. He said the DSS lacked the facilities to manage Kanu’s ailments and argued that it was in the interest of justice that Kanu remains alive to face the terrorism charges against him.

Ikpeazu added that his team would not oppose the NMA’s intervention, provided it was ordered by the court.

The court adjourned the matter till 8 October 2025.

~ Published By NewsOrient Network

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