Lead counsel for Nnamdi Kanu, leader of the banned Indigenous People of Biafra (IPOB), Chief Kanu Agabi, told the Federal High Court in Abuja on Friday that his client’s threats of violence were empty boasts, not actionable offenses.

Addressing Justice James Omotosho while adopting the defense’s no-case submission, Agabi argued that the prosecution failed to prove any elements of the charges against Kanu. He accused the prosecution of merely portraying Kanu as a villain without evidence, noting that no witnesses testified to being incited by Kanu’s broadcasts.

“Kanu was simply boasting when he claimed he could ‘bring the world to a standstill.’ Boasting isn’t a crime, and prosecuting someone for it is unwarranted,” Agabi said.

He pointed to widespread insecurity across Nigeria, asserting that Kanu, like others, was concerned about it. Agabi referenced statements by DSS Director General Adeola Ajayi and former Defense Minister Theophilus Danjuma, who urged self-defense against attacks, arguing that Kanu’s call for people to protect themselves was similar and lawful.

Agabi criticized the prosecution’s evidence, including an unauthenticated #ENDSARS report and death reports submitted without medical experts for cross-examination. He noted that prosecution witnesses frequently responded with “I don’t remember” or “I don’t know” – 80 times, by his count – undermining the case’s credibility. He also highlighted that the prosecution failed to address 10 of the 40 points raised by the defense, arguing that even one unanswered issue warranted acquittal.

On Kanu’s detention, Agabi claimed that over six years of solitary confinement had affected his client’s mental state, violating international standards limiting such confinement to 15 days. He also challenged the legality of IPOB’s proscription, insisting it lacked presidential approval. “If they have proof of the president’s approval, let them produce it,” he said.

Agabi further argued that the court lacked jurisdiction over a charge related to an allegedly illegal imported transmitter, citing a prior Court of Appeal ruling.

In response, Chief Adegboyega Awomolo, the prosecuting counsel, urged the court to dismiss the no-case submission and order Kanu to defend himself against terrorism charges. Awomolo argued that the prosecution provided ample evidence, including audio and video clips, to establish a prima facie case. He noted that Kanu admitted leading IPOB, a proscribed group, and making broadcasts inciting violence and destruction, which allegedly led to the deaths of over 170 security personnel.

Awomolo rejected the defense’s claim that Kanu’s broadcasts were mere boasts, arguing that statements causing public fear are illegal. “Boasting about killing security personnel and inciting violence isn’t a joke. Kanu must explain his actions,” he said.

Countering the defense’s claim of prolonged detention, Awomolo clarified that Kanu was arrested in 2015, granted bail in 2017, and had it revoked in 2022 after absconding. He attributed delays in the trial to the defense’s tactics, not the prosecution.

On IPOB’s proscription, Awomolo noted that the matter is before the Supreme Court, making it inappropriate for the trial court to rule on its validity.

Justice Omotosho adjourned the case to October 10 for a ruling on the no-case submission after hearing both sides.