Alleged Terrorism: You Have Case to Answer Court Tells Nnamdi Kanu

.As NMA submits report on Kanu’s health October 8

Alex Enumah in Abuja 

Justice James Omotosho of a Federal High Court in Abuja, yesterday, held that the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has a case to answer in the terrorism charge filed against him by the federal government.

Justice Omotosho accordingly ordered Kanu to open his defense, because the prosecution has a case against him that requires some explanations.

Meanwhile, the court gave the President of the Nigerian Medical Association (NMA) eight days to ascertain the health condition, following the defendant’s claim of deteriorating health in the custody of the Department of State Services (DSS).

The judge issued the order while delivering ruling in Kanu’s application for his transfer to the National Hospital for effective and adequate treatment.

He subsequently fixed October 8 for the court to receive the NMA report which will thereafter be used to determine a date for the defendant to open his defense.

The DSS had re-arraigned the pro-Biafran on an amended seven count charge bordering on alleged terrorism and treasonable felony before Omotosho on March 21, following the withdrawal of the former Judge, Binta Nyako, whom the defendant had accused of bias.

After calling five witnesses and tendering several bundles of documentary and video evidence the DSS had closed its case in June this year.

Rather than open his defense, Kanu brought an application for a No-case Submission which was argued and objected to at July 18 proceedings, following which the court fixed October 10 for ruling in the No-case submission.

However, following an application made early this month for transfer to the National Hospital for effective and adequate treatment, Justice Omotosho then brought forward the date for ruling in the no-case submission as well as hearing of the motion for transfer from DSS custody to the National Hospital.

Delivering the ruling yesterday, the judge however dismissed the no-case submission stating that Kanu has questions to answer in the terrorism charge. 

According to the judge, it would be in the best interest of Kanu to be given the opportunity to clear some issues raised against him in the charge. 

Although the judge held that he had not evaluated the credibility of the witnesses who testified against Kanu and the avalanche of exhibits tendered during trial to determine their probate value, he was inclined to order the defendant to clear some grey issues. 

Earlier, the court directed the President of NMA to within eight days carry out a thorough investigation on Kanu’s health condition, to enable the court to know if the defendant is fit to stand trial. 

The order was sequel to discrepancies between medical personnel at the DSS and a private consultant, on the health status of the IPOB leader.

While the DSS medical team led by Dr. Mohammed Nasir, a Medical Officer with DSS is insisting that Kanu can be properly cared for at their medical facilities, Kanu’s private consultants led by Professor Martin Aghaji, a retired Professor of medicine insisted that their client must be taken to National Hospital.

Professor Aghaji who retired from the University of Nigeria, Nsuka, Enugu, based his recommendations of National Hospital on the deteriorating health of Kanu. 

However, the DSS which brought the NMA into the irreconcilable differences on the medical status of the Biafra leader alleged that the report of Aghaji was exaggerated and suspicious especially for partly recommending some American hospitals. 

Counsel to the federal government, Chief Adegboyega Awomolo, SAN, however told the court that the NMA’s independent report is being awaited to ascertain the true position. 

After listening to arguments of all parties, the court ordered that the committee should, among others, visit the hospital of the DSS to confirm whether it has capacity to meet the health needs of the IPOB leader or not. 

The judge said the NMA committee should be at liberty to make use of any hospital in the country to carry out its investigations, adding that, the committee should comprise between 8 to 10 members of the NMA and shall have Cardiologist and Neurologist. 

Besides, the judge ordered that the Chief Medical Director of the National hospital must also be a member of the committee. 

Meanwhile, the matter has been adjourned till October 8, for the report of the NMA.