Court threatens to foreclose Nnamdi Kanu’s case if he fails to open defence

A Federal High Court in Abuja on Tuesday warned that it will foreclose the defence of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), if he fails to begin his defence in his ongoing terrorism trial.

Justice James Omotosho issued the warning after Kanu again failed for the fourth time to open his defence following the prosecution’s closure of its case and the court’s dismissal of his no-case submission.

The judge stated that if Kanu does not commence his defence on November 5, the court will consider him to have forfeited his right to do so.

Kanu’s case was adjourned on October 27 adjourned till November 4 for him to either file his final written address or open his defence.

At the resumption of proceedings on Tuesday, Kanu, who is defending himself, said he has not filed any final written address as ordered by the court, but filed a motion and a supporting affidavit.

The embattled IPOB leader said he would not enter any defence because he was convinced that there is no valid charge, known to any extant law, that is pending against him.

Kanu insisted that he would not return to detention, demanding his immediate release. He argued that there was no valid charge against him, and therefore, he should not be subjected to any further trial.

Responding, prosecuting lawyer, Adegboyega Awomolo (SAN), faulted the competence of the fresh court documents filed by Kanu, arguing that they were not properly filed.

Awomolo, prosecuting counsel, urged the court not to continue indulging Kanu, accusing him of deliberately wasting the court’s time.

He asked the judge to treat Kanu’s recently filed documents as his final written address, direct both parties to adopt their addresses, and fix a date for judgment.

In his ruling, Justice Omotosho held that the documents filed by Kanu were properly before the court and would be considered at judgment.

He noted that Kanu is not a lawyer, said he should be given time to consult legal counsel and obtain the necessary assistance for his defence.

Justice Omotosho immediately adjourned the case to November 5 for Kanu to either enter his defence or be deemed to have waived his right to do so.

Kanu is facing terrorism charges linked to his separatist activities. Arrested in 2015, he fled Nigeria after being granted bail in 2017 but was rearrested in 2021 and has since been held in the custody of the Department of State Security (DSS), custody.