Chief Kanu Agabi, lead counsel to Nnamdi Kanu, told the Federal High Court in Abuja on Friday that his client’s alleged threat to unleash violence was an empty boast.
Agabi made this submission before Justice James Omotosho while adopting the defence address in Kanu’s no-case submission.
He argued that the prosecution only tried to portray Kanu as a bad man rather than prove any criminal act.
He contended that no single element of the offences charged was proved by the prosecution, adding that the prosecution did not bring anyone before the court who said he was incited by Kanu’s broadcasts.
“This man (Kanu) can boast. He was just boasting. He said I can bring the world to a stand still.
“I don’t see anything wrong with that. You don’t prosecute a man for mere boasting,” he said.
He drew the court’s attention to the wave of killings in most parts of the country, and argued that the defendant was equally concerned with the state of insecurity in the country.
He insisted that the defendant did nothing wrong.
Agabi said the defence team had tendered evidence in the case where the Director General of the Department of State Services (DSS), Adeola Ajayi, and a former Defence Minister, Theophilus Danjuma, were heard advocating that people should defend themselves against attacks.
Agabi argued that “what the defendant said was that the people should defend themselves.”
He faulted the #ENDSARS report tendered by the prosecution on the grounds that it was not authenticated.
He said his client had been under solitary confinement for more than six years, adding that under International Law, solitary confinement must not exceed 15 days.
The defence lawyer said: “He (Kanu) is no longer normal on account of his solitary confinement. The case has been pending for 10 years.
“Memories have been lost, which is why most of the prosecution witnesses were saying ‘they can’t remember,’ ‘they don’t know,’ when they were asked questions,” he said.
He also faulted the death reports tendered by the prosecution, arguing that reports were tendered without the doctors being invited to be cross-examined.
Agabi said that from the record of proceedings, the witnesses called by the prosecution said “I don’t remember,’ ‘I am not aware,’ ‘I do not know’” for 80 times, when they were being questioned.
He argued that such responses from witnesses did not satisfy the requirement of proof beyond reasonable doubt.
The lawyer, who said the defence team raised 40 points in its address, stated that the prosecution failed to respond to 10 issues which the defence raised.
“If they (prosecution) failed to respond to one or two issues, it is enough for the court to acquit the defendant.
“But, in this case, the prosecution failed to respond to 10 issues raised by the defence.
“The participation of the witnesses was not more than obtaining statements. The statements obtained from the defendant were not investigated,
“All the witnesses came from the DSS. That is why they kept saying, ‘I can’t remember,’ ‘I am not aware’ because they did nothing,” he said.
Agabi urged the court not to attach probative value to the additional evidence filed after trial had commenced in the case.
He said that the charge had been amended for about seven times, but no persons’ names were reflected as those who were incited by the defendant.
Agabi faulted the proscription of IPOB, arguing that “proscription does not lie without the president’s approval. ”
According to him, without the president’s approval there can not be any proscription.
“We are saying there is no proscription, because there is no presidential approval, if they have it, they should bring it,” he said.
Agabi argued that the court lacked that jurisdiction to try the charge relating to the alleged unlawful imported transmitter, stating that the Court of Appeal had already ruled on that.
But the prosecuting lawyer, Chief Adegboyega Awomolo, SAN, disagreed with Agabi’s submission.
Awomolo, while adopting the prosecution’s address in opposition to the no-case submission, urged the court to order Kanu to enter his defence in the terrorism charge.
The senior lawyer equally prayed the court to reject the no-case submission made by the defence.
He prayed the court to instead, order him to explain why he engaged in terrorism activities that promoted violence and destruction, including the killing of not less than 170 security officials.
He said the prosecution had supplied sufficient evidence in proof of all elements of the offences charged to warrant the court to call on the defendant to enter a defence.
He said the prosecution called five witnesses and tendered many exhibits, including video and audio evidence.
He argued that the reply address of the prosecution had addressed all issues raised, to the effect that the no-case submission is of no moment.
Awomolo, who prayed the court to dismiss the no-case submission, argued that all the court was required to do at this stage of the case was to take a panoramic view of the evidence led so far and determine whether or not a prima facie case had been made out against the defendant to warrant his being called to enter a defence.
He said that the defence, in its no-case submission, attacked the credibility of the witnesses, the record and evidence led so far, which was not what was required at this stage.
Awomolo insisted that in both the video and audio evidence tendered by the prosecution, Kanu admitted being the leader of IPOB, which he knew was a proscribed group.
He added that Kanu also, in some other videos, admitted making broadcasts in which he allegedly called for violence and destruction.
Reading a portion of the defendant’s address in support of his no-case submission, Awomolo faulted Kanu’s lawyer’s argument that his several broadcasts amounted to a clear case of boasting that did not require criminal prosecution.
He argued that the law prohibits statements that have the possibility of causing fear in the mind of the people.
“Why will somebody say a terrorist, who boasted that security men and other people should be killed, should be allowed to go free?” he asked.
Awomolo argued that Kanu’s aim was to create the separate state of Biafra, and in the process not less than 170 security men were killed because of his boasting.
“Why was he boasting? Boasting is not the answer.
“If the defendant believe that he was merely joking and was a content creator, he should be made to answer to why he was boasting and creating fear in the minds of the people.
“When person is boasting and threatening death and violence, that cannot be said to be mere boasting,” Awomolo said.
He urged the court to call on the defendant to come and explain what his boasting was about.
He also faulted claim by Agabi that the defendant had been in solitary confinement for 10 years now.
The prosecuting lawyer said that Kanu, who was first arrested in 2015 was granted bail in 2017, which he enjoyed until 2022 when it was revoked on the grounds that he jumped bail.
He said the current detention of the defendant was upon an order of the court, which found that he jumped the earlier bail granted him.
He also accused the defence legal team of being behind the delays experienced in the case before now.
“For three years, his counsel were responsible for the delay of trial. The delay had been the shenanigans of the defence team, not that of the prosecution.
“Their argument that this case has lasted for 10 years is not true. They are the cause of the delay,” he said.
On Kanu’s argument that IPOB was not lawfully proscribed, Awomolo contended that since the issue was currently before the Supreme Court, it would be inappropriate for the trial court to pronounce on whether or not the proscription was properly done.
Justice Omotosho adjourned the matter until Oct. 10 for ruling after listening to the arguments of lawyers for and against the no-case submision.
