The Federal High Court in Abuja has ordered detained IPOB leader, Nnamdi Kanu, to open his defence in the ongoing terrorism case against him or risk losing his right to do so.
Justice James Omotosho, who gave the order on Tuesday, said the court could no longer delay the matter as the prosecution had already closed its case. He warned that if Kanu failed to begin his defence on November 5, the court would deem him to have waived his right.
The judge’s ruling follows weeks of legal back-and-forth after Kanu’s no-case submission was dismissed by the court. That submission sought to have the charges thrown out without Kanu presenting a defence.
Kanu Insists There Is ‘No Valid Law’ Against Him
Representing himself in court, Kanu maintained that there was no valid charge under Nigerian law for which he could be tried. He argued that the Terrorism Prevention Act 2013, under which he faces charges, had been repealed.
“The fact that this court has refused to take judicial notice of a repealed law vitiates this trial,” Kanu told the court, insisting that he should be released immediately.
He cited Section 36(12) of the Nigerian Constitution, which says no one can be tried for an offence not defined by law. But Justice Omotosho explained that this provision only applies at the judgment stage, not during trial proceedings.
Judge Appeals to Kanu: ‘Get a Lawyer’
Justice Omotosho, while addressing the visibly agitated defendant, appealed to him to seek proper legal representation.
“My dear brother, in the name of Almighty God, get a lawyer who understands criminal law to guide you,” the judge said.
The court noted that since Kanu is not a lawyer, he would be given another opportunity to consult one.
Prosecuting counsel, Adegboyega Awomolo (SAN), however, accused Kanu of using delay tactics. He asked the court to treat Kanu’s latest filings as his final written address and proceed to judgment.
The judge ruled that Kanu’s documents would be considered during judgment but reaffirmed that the trial would continue. The case was adjourned till November 5 for Kanu to either open his defence or be deemed to have forfeited that right.
Background
Nnamdi Kanu, the self-acclaimed leader of the Indigenous People of Biafra (IPOB), was first arrested in 2015 on charges bordering on treasonable felony. He fled Nigeria after being granted bail in 2017 but was later re-arrested in Kenya in 2021 and returned to face trial.
The Supreme Court, in December 2023, cleared the way for his trial to continue on seven remaining counts after dismissing parts of his appeal.
Kanu’s continued detention has drawn mixed reactions across the South-East, where IPOB’s agitation for Biafra remains a deeply emotional issue.
