Court gives Nnamdi Kanu final chance to defend himself
The Federal High Court in Abuja has once again adjourned the trial of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), after he declined to open his defence in the terrorism case filed against him by the federal government.
At Tuesday’s proceedings, Justice James Omotosho, the presiding judge, issued a stern warning to Kanu, giving him one final opportunity to present his defence on November 5 or risk losing the right to do so entirely.
The development comes after Kanu dismissed his legal team on October 23 and opted to represent himself in court. When the case resumed on October 27, he told the judge he had reviewed his case file and found “no charge” against him. Justice Omotosho had at the time cautioned Kanu that refusing to enter a defence after the court had dismissed his no-case submission could be “very dangerous.” He also advised Kanu to seek guidance from experienced criminal lawyers to understand the legal implications of his decision.
At the latest hearing on November 4, the judge summarized previous court proceedings before asking Kanu to respond. In his statement, Kanu insisted that his continued detention by the Department of State Services (DSS) was unlawful, arguing that there was no valid charge pending against him.
“In Nigeria today, the constitution is the supreme law; there is no provision for terrorism offences in the constitution. There is no valid charge against me,” Kanu told the court. “The Terrorism Prevention and Prohibition Act has been repealed. I cannot put in a defence under a repealed law. I won’t do that.”
He further appealed to the court to take judicial notice of what he described as the repeal of the terrorism law under which he is being prosecuted. “Tell any lawyer to show me the valid charge,” he said. “I am not ready to go back to detention today unless I am shown the valid charge against me. Prosecuting me under a repealed law is a violation of my fundamental right.”
The court subsequently adjourned the matter to November 5, when Kanu is expected to either open his defence or forfeit the opportunity.
