Court Gives Nnamdi Kanu Final Opportunity to Defend himself

The Federal High Court sitting in Abuja has granted the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, one last opportunity to defend himself in the seven-count terrorism charge filed against him by the Federal Government. Justice James Omotosho, who presided over the matter, made the decision on Wednesday and adjourned the case till November 7 for the defendant to present his defence. He warned that Kanu’s right to defend himself would be forfeited if he failed to take advantage of the adjournment. The judge explained that his ruling was based on the tenets of justice, which demand that every defendant be given adequate opportunity to present their case before the court.

Justice Omotosho said the court was mindful of ensuring that the proceedings were not conducted in a manner that would deprive Kanu of his right to a fair hearing. “We had adjourned till today for the defendant to put in his defence or be deemed closed. But I am bound to give him another opportunity. If he does not, I will deem him closed,” he said. The judge added that although Kanu was not a lawyer, the court would not deny him a final chance to clear his name, noting that the rule of law must be followed in all judicial proceedings.

Kanu, who is currently representing himself after disengaging his legal team, insisted that he had no case to answer. Speaking from the dock, he maintained that the charges against him were invalid because they were based on what he described as a “repealed and non-existent law.” The IPOB leader argued that the Federal Government failed to amend the charge in line with the directive of the Supreme Court, which had earlier declared the charge defective. According to him, the government’s refusal to comply with the Supreme Court’s directive rendered the ongoing trial illegal and unsustainable. “Terrorism Prevention and Prohibition Act has been repealed. I cannot put in defence under a repealed law. I won’t do that,” Kanu told the court.

In response, the prosecution counsel, Chief Adegboyega Awomolo (SAN), urged the court to close Kanu’s defence, arguing that the defendant had already wasted five out of the six days allotted to him to present his case. Awomolo contended that Kanu’s insistence that the charge was defective showed his clear unwillingness to obey the court’s order to proceed with the defence. He prayed the court to foreclose the defendant’s right to call witnesses and to direct both parties to file their final written addresses, which would pave the way for judgment in the long-drawn case.

Justice Omotosho, however, declined the prosecution’s request and instead granted Kanu a final adjournment to prepare his defence. Following the ruling, Kanu asked the court to allow him to consult four of his former lawyers — Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara, and Mandela Umegborogu — whom he described as his legal consultants. The judge granted the request but cautioned the lawyers to refrain from discussing the ongoing case with the media. The warning followed a complaint by the prosecution counsel, who accused some of Kanu’s former lawyers of making prejudicial comments and granting media interviews that could influence public perception of the trial.

It will be recalled that on October 24, the court had ordered Kanu to open his defence after several adjournments. The IPOB leader, who has been in detention since 2021, initially submitted a list of 23 individuals he intended to call as witnesses, including serving governors, ministers, and senior security officials. However, he later reversed his decision and opted not to call any witnesses, insisting that there was no valid charge to defend.

Among those he had previously listed as potential witnesses were Imo State Governor Hope Uzodimma, Lagos State Governor Babajide Sanwo-Olu, Minister of the Federal Capital Territory Nyesom Wike, former Attorney-General of the Federation Abubakar Malami, former Chief of Army Staff Tukur Buratai, Minister of Works Dave Umahi, and former Minister of Defence General Theophilus Danjuma (rtd). Others included the immediate past Director-General of the National Intelligence Agency, Ahmed Rufai Abubakar, and the former Director-General of the Department of State Services, Yusuf Bichi. Kanu had also earlier requested a 90-day period to allow his witnesses to testify but later withdrew the application, maintaining that the entire proceedings were anchored on an invalid and repealed law.