By: Sunday Ameh
The Federal High Court in Abuja has adjourned the trial of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, giving him a final deadline to open his defence or lose the right to do so.
Justice James Omotosho, presiding over the case, issued the directive on Tuesday after Kanu again refused to begin his defence, despite the prosecution having closed its case and the court previously dismissing his no-case submission.
The judge warned that if Kanu fails to open his defence on Wednesday, November 5, he will be deemed to have voluntarily forfeited his right to present a defence before the court.
Kanu, who is representing himself, told the court that he has not filed his final written address as instructed. Instead, he submitted a motion accompanied by a supporting affidavit asking the court to strike out the charges and order his release. He insisted that there was no valid legal basis for the case, claiming the alleged offences are not recognised under any existing Nigerian law.
“I will not present any defence because there is no charge against me,” Kanu told the court, adding that he would not return to detention and demanding immediate freedom.
Prosecuting counsel Adegboyega Awomolo (SAN) opposed the filings, arguing that Kanu’s documents were incompetent and not properly before the court. He accused the IPOB leader of attempting to delay proceedings and urged the judge to treat the filings as his final written address.
Justice Omotosho, however, ruled that the filings were properly submitted and would be considered in the final judgment. He noted that since Kanu is not a lawyer, the court would allow him additional time to seek legal guidance.
The trial has been adjourned to November 5 for Kanu to open his defence or formally lose the right to do so.
Kanu, who has been in custody since his controversial re-arrest and rendition in 2021, continues to challenge the legality of his trial, insisting that the charges lack any legal foundation due to reliance on repealed laws.
His latest motion, filed October 30, argues that the terrorism-related charges against him are null and void, citing constitutional provisions and changes in Nigeria’s legal framework governing such offences.
Supporters of the IPOB leader continue to demand his release, while the Nigerian government maintains that he must face prosecution for alleged crimes against the state.
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