Daniel Otera
Justice James Omotosho of the Federal High Court in Abuja on Thursday began delivering judgment in the long-running terrorism trial of Indigenous People of Biafra (IPOB) leader Nnamdi Kanu in the defendant’s absence.
The judge ordered that proceedings continue without Kanu after describing his behaviour in court as unruly. The decision followed the dismissal of three fresh motions filed by Kanu, which the court deemed unmeritorious.
During the session, Kanu interjected, insisting that the court could not proceed as he had not filed his final written address. He raised his voice, demanding, “‘Which law states that you can charge me on an unwritten law? Show me. Omotosho, where is the law? Any judgment declared in this Court is a complete rubbish.” He also accused Justice Omotosho of bias and lack of understanding of the law.
After a brief recess, the prosecution, led by Adegboyega Awomolo, urged the court to continue the trial without Kanu, citing his disruptive conduct.
Justice Omotosho noted that while a defendant has a constitutional right to be present during trial, repeated misconduct can allow proceedings to continue in their absence. “If a defendant misconducts himself or acts in an unruly manner during the course of his trial, his trial can be conducted in his absence,” he said, adding that the courtroom is “a temple of God.”
The judge further stated that Kanu had previously displayed similar behaviour and had indicated he would not present a defence. Following the order, Kanu was removed from the courtroom, and the judge proceeded with delivering the ruling, including possible sentencing.