Daniel Otera
The Federal High Court sitting in Abuja has issued a final warning to detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, threatening to close his opportunity to defend himself if he fails to present his case on Tuesday.
Justice James Omotosho delivered the warning on Tuesday after Kanu, for the fourth consecutive time, refused to enter his defence following the prosecution’s closure of its case and the court’s dismissal of his no-case submission.
The judge made it clear that should Kanu fail to open his defence on 5 November, the court would consider him to have voluntarily abandoned his right to do so.
The court had previously adjourned proceedings on 27 October to 4 November, giving Kanu the option to either file his final written address or commence his defence in the terrorism trial.
When proceedings resumed on Monday, Kanu, who has been representing himself after sacking his legal team, told the court that he had not filed a final written address as directed. Instead, he submitted a fresh motion with a supporting affidavit.
The IPOB leader insisted he would not enter any defence, arguing that no valid charge existed against him under any existing law.
“I am convinced that there is no valid charge, known to any extant law, pending against me,” Kanu told the court.
He went further to threaten that he would not return to detention, demanding immediate release to go home, claiming the charges against him lacked legal validity.
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However, the prosecution counsel, Adegboyega Awomolo, SAN, challenged the admissibility of Kanu’s fresh court documents, arguing they were improperly filed.
Awomolo urged Justice Omotosho to stop indulging the defendant, whom he accused of deliberately wasting the court’s time.
“The defendant is only interested in wasting the court’s time,” the senior lawyer submitted.
He asked the court to treat Kanu’s recent filings as his final written address, allow parties to adopt their final addresses, and proceed to fix a date for judgement.
In his ruling, Justice Omotosho accepted Kanu’s documents as properly filed and promised to consider them during judgement.
The judge acknowledged that Kanu, not being a trained lawyer, deserved an opportunity to seek legal consultation and support.
Justice Omotosho then adjourned the matter to 5 November, giving Kanu one last chance to either enter his defence or lose that right permanently.
Kanu has been in detention since June 2021 when he was brought back to Nigeria to continue his trial on charges bordering on terrorism and treasonable felony.
The Federal Government had initially charged him with 15 counts, but the charges were later reduced following a Court of Appeal ruling that struck out some counts.