The detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has listed several high-profile current and former government officials, including Nyesom Wike, Minister of the Federal Capital Territory, and Babajide Sanwo-Olu, Lagos State governor, as witnesses in his terrorism trial before the Federal High Court in Abuja.
In a new motion dated 21 October, Mr Kanu disclosed plans to call 23 witnesses in total as he prepares to open his defence on Thursday. The witnesses, divided into “ordinary but material” and “vital and compellable” categories, include former and serving officials whom he intends to subpoena under Section 232 of the Evidence Act, 2011.
Among those listed are former Attorney-General of the Federation Abubakar Malami; Lt. Gen. Theophilus Danjuma (rtd), former Chief of Army Staff; Lt. Gen. Tukur Buratai (rtd), also a former Chief of Army Staff; Lagos State Governor Babajide Sanwo-Olu; Imo State Governor Hope Uzodinma; Minister of Works Dave Umahi; and former Abia State Governor Okezie Ikpeazu. Others include Ahmed Rufai Abubakar, immediate-past Director-General of the National Intelligence Agency (NIA), and Yusuf Bichi, former Director-General of the State Security Service (SSS).
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It remains unclear how the IPOB leader intends to rely on their testimonies or whether any of the individuals listed were aware of the plan to summon them.
Court Documents and Defense Strategy
Mr Kanu, who faces terrorism charges arising from his separatist broadcasts and activities, filed the application titled “Notice of Number and Names of Witnesses to be Called by the Defendant and Request for Witness Summons/Subpoena and the Variation of the Time Within Which to Defend the Counts/Charges against the Defendant.”
The application followed the court’s September ruling dismissing his no-case submission and directing him to open his defense. The prosecution had earlier closed its case in June after calling five witnesses, accusing Mr Kanu of making incendiary statements that allegedly fueled violence and destruction in the South-east.
A medical panel appointed by the court last week declared the IPOB leader fit to stand trial, prompting Justice James Omotosho to schedule Thursday, 23 October, for the opening of his defense.
In his motion, Mr Kanu assured the court of his readiness to testify, pledging to provide sworn statements from all voluntary witnesses and to notify the prosecution “within a reasonable time.” He also requested 90 days to conclude his defense, significantly longer than the six consecutive days initially granted by the court.
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Mr Kanu said he would personally testify “providing a sworn account of the facts, denying the allegations, and explaining the political context of his statements and actions.”
Preliminary Objection and Legal Maneuvers
Meanwhile, the IPOB leader has also filed a notice of preliminary objection challenging the court’s jurisdiction to continue with the case. The objection, lodged on 16 October, coincided with the medical panel’s report affirming his fitness for trial.
It is yet to be determined whether this fresh defense motion implies that Mr Kanu has abandoned his jurisdictional challenge.
The prosecution’s case officially closed on 19 June, but subsequent interlocutory applications, including health-related complaints by the defendant, delayed the commencement of his defense. These issues were finally resolved in the 16 October ruling directing him to begin his defense this week.
Protest and Arrests
In a related development, a protest led by human rights activist Omoyele Sowore in Abuja on Monday demanded Mr Kanu’s unconditional release. The demonstration, tagged #FreeNnamdiKanuNow, resulted in the arrest of 12 participants, including one of Mr Kanu’s lawyers, Aloy Ejimakor, and his brother, Emmanuel Kanu.
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The police accused the protesters of disobedience to a lawful order and incitement of public disturbance, citing a Federal High Court ruling that restricted demonstrations in certain areas of the capital, including the Presidential Villa, National Assembly, Court of Appeal, and Shehu Shagari Way.
Mr Sowore, however, insisted that no formal court order had been served on the organizers before the protest began.
The 12 detained protesters were arraigned before a magistrate’s court in Kuje on Tuesday, which ordered their remand at the Kuje Correctional Centre pending their next hearing on 24 October.
Background
Mr Kanu, a dual citizen of Nigeria and the United Kingdom, has been in custody since his re-arrest and extradition to Nigeria in 2021. He faces multiple charges bordering on terrorism and treasonable felony, stemming from his agitation for the creation of an independent State of Biafra.
The case, which has attracted both domestic and international attention, has become a litmus test for Nigeria’s judicial process and the government’s handling of separatist movements.
Could this move to summon powerful state and federal figures suggest a strategic effort by the defense to challenge the state’s narrative and expose possible political undercurrents in the prosecution?
Justice Omotosho is expected to rule on Mr Kanu’s latest motion when the court reconvenes on Thursday.
