SAHARA REPORTERS
The Federal High Court in Abuja has delivered a blistering account of how Nnamdi Kanu’s broadcasts allegedly incited the killing of security personnel and the destruction of public infrastructure across southern Nigeria.
The court declared that his utterances contributed significantly to violence recorded during the 2020 EndSARS unrest and subsequent disturbances.
In his judgment, Justice James Omotosho cited multiple video broadcasts tendered by the prosecution, in which the detained IPOB leader allegedly urged his followers to “ambush,” “kill,” and “burn down” security operatives and government facilities.
One of the broadcasts, the court noted, showed Kanu responding to a caller by saying: “Use those guns to kill one or two of the army officers. Take their guns and begin to kill other people… Kill the Army whenever you see them.” The judge said the incitement to violent attacks on security personnel was “clear and direct.”
Kanu was also found to have encouraged the destruction of property during the EndSARS protests. In a live broadcast dated 20 October 2020, he allegedly urged listeners to burn down hotels, the Lagos airport, and federal facilities, saying: “That very hotel must be brought down… I want Lagos to be on flame… Burn down the Lagos airport… Every federal government property in Lagos will be burnt.”
The court noted that the properties referenced in the broadcasts—including police stations, federal buildings, and transport facilities—were indeed destroyed, as shown in pictorial evidence tendered as Exhibits PWD2 and PWD2A.
According to prosecution witness PW5, 128 police officers, 37 military personnel, and 10 other security operatives were killed in the violence linked to the incitement.
A total of 164 police stations and numerous government assets were destroyed across Lagos and several southern states.
The judge stressed that while the court would not attribute every incident during the EndSARS unrest to Kanu, the evidence demonstrated that his broadcasts “contributed significantly to the killing of security operatives and destruction of public property.”
Justice Omotosho described the broadcasts as “barbaric, unconscionable, and aimed at causing anarchy,” noting that the statements went far beyond any lawful agitation for self-determination.
“He turned himself into a tyrant who could take life any time he pleased,” the judge said, condemning what he described as a pattern of reckless exhortation to violence. “Such person cannot be allowed to remain in a safe society.”
The judgment, which forms part of the court’s broader ruling on the terrorism charges filed against the IPOB leader, sets the stage for sentencing on the counts for which he has already been convicted.
The Federal High Court in Abuja earlier convicted the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, on count two of the terrorism charges filed against him, ruling that the prosecution proved its case beyond reasonable doubt.
The offence, under Section 16 of the Terrorism Prevention Act 2013, carries a punishment of death or life imprisonment upon conviction.
In his judgment, Justice James Omotosho held that Kanu’s declaration of a “sit-at-home” order across the Southeast —accompanied by threats and enforced through violence — amounted to a terrorist act.
The court noted that the defendant had no legal authority to restrict the movement of citizens, emphasising that only the President of Nigeria, under Section 305 of the Constitution, can impose movement restrictions through emergency powers.
“The people of the Southeast cannot be ordered to sit at home by a person who is not a recognised official of the Federal Government or any state government,” the judge held.
Justice Omotosho cited evidence from prosecution witness PW4, who served in Imo State and testified that the Monday sit-at-home order had for years left towns and even farmlands deserted.
The witness also linked the killing of former presidential aide Ahmed Gulak to armed men enforcing the order, noting that Gulak was shot dead near the airport while attempting to travel on May 30, 2021.
A medical report tendered as Exhibit PWK confirmed that Gulak died from gunshot wounds inflicted by armed men believed to be operatives of the Eastern Security Network (ESN), which the court described as operating under the authority and directives of Kanu as IPOB leader.
“The declaration of a sit-at-home without any constitutional power, accompanied by threats, is a terrorist act,” the court ruled.
“The defendant presented no evidence to rebut the prosecution’s case and is deemed to have admitted the evidence as presented.”
The judge concluded that the prosecution successfully established the elements of count two, which charged Kanu with professing to be a member and leader of IPOB, a proscribed organisation, contrary to Section 16 of the Terrorism Prevention Act.
“Consequently, the defendant is hereby convicted on count two,” Justice Omotosho pronounced.
Sentencing is expected to follow, with the court noting that the prescribed punishment for the offence is either a life imprisonment or death.
Earlier, the court convicted Kanu on count one of the charges against him after holding that Kanu did not enter a defence or offer any explanation to counter the prosecution’s evidence.