Justice James Omotosho of the Federal High Court in Abuja has dismissed the no-case submission presented by Nnamdi Kanu’s lawyers.
The application came after the Federal Government had already presented its witnesses, submitted evidence, and closed its case against the leader of the Indigenous People of Biafra (IPOB).
With the no-case submission struck out, the judge instructed Kanu to open his defence.
earlier on Friday verified sources reported that the detained IPOB leader appeared at the Federal High Court in Abuja for the ruling on his application for release.
Escorted by operatives of the Department of State Services (DSS), Kanu arrived at the court alongside his legal team, which was led by the former Attorney-General of the Federation (AGF) and Minister of Justice, Kanu G. Agabi (SAN).
Earlier in the week, Wizopa had confirmed that the high court advanced the hearing date for Kanu’s release application.
Originally scheduled for October 10, the matter was brought forward to Friday, September 26, before Justice Omotosho.
Meanwhile, the substantive terrorism trial was still slated to continue on October 10, 2025, when the court would rule on the no-case submission filed by Kanu’s lawyers after the Federal Government’s case presentation.
Earlier in September, the Federal High Court in Abuja adjourned another application by Kanu’s lawyers, which sought his transfer to the National Hospital for urgent medical care.
Justice Musa Liman postponed the matter because his tenure as a vacation judge had ended, coinciding with the close of the Federal High Court judges’ vacation.
In a 14-paragraph affidavit, Emmanuel Kanu, the younger brother of Nnamdi Kanu, stated that his brother suffers from a life-threatening heart condition and that the medical facilities available to him were inadequate for proper treatment.
During the hearing, Uchenna Njoku, Senior Advocate of Nigeria and counsel to Nnamdi Kanu, told the court that the Federal Government’s lawyers had served a 37-page counter-affidavit that same morning, leaving him without enough time to study it.
Njoku requested an extension to review the document before the proceedings could continue. Since the judges’ vacation ended that day, Justice Liman’s jurisdiction as a vacation judge was also set to expire.
Federal Government’s lead counsel, Adegboyega Awomolo, agreed with Njoku, adding that it was unfortunate the matter was not scheduled earlier, since his team was prepared to address it at any time.
In his concluding remarks, Justice Liman raised concern about whether he could rule on the matter as a vacation judge given the limited time.
He explained that he only agreed to hear the case due to its urgency, stressing that it involves serious health issues that could mean life or death.
He then ordered the case to be sent back to the Central Registrar for reassignment to Justice James Omotosho.
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