A Federal High Court in Abuja has cautioned that it will foreclose the defence of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), if he fails to commence his defence in his ongoing terrorism case.
Justice James Omotosho issued the warning on Tuesday after Kanu, for the fourth consecutive time, failed to open his defence following the closure of the prosecution’s case and the court’s rejection of his no-case submission.
The judge stated that if Kanu does not begin his defence on November 5, the court will consider him to have forfeited his right to do so.
Kanu’s case, earlier adjourned on October 27, was fixed for November 4 for him to either file his final written address or open his defence.
At the resumed hearing on Tuesday, Kanu, who is representing himself, said he had not filed any final written address as directed by the court but instead filed a motion and a supporting affidavit.
The IPOB leader maintained that he would not present any defence, insisting that there was no valid charge pending against him under any known law.
Kanu argued that he would not return to detention, demanding his immediate release and reiterating that his continued trial was unlawful.
Responding, prosecuting counsel Adegboyega Awomolo (SAN) challenged the validity of the fresh documents filed by Kanu, contending that they were not properly filed.
Awomolo urged the court not to continue indulging Kanu, accusing him of intentionally delaying proceedings. He requested the judge to treat the newly filed documents as Kanu’s 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 since Kanu is not a lawyer, he should be allowed time to consult legal counsel and receive proper guidance for his defence.
Justice Omotosho then adjourned the case to November 5 for Kanu to either open his defence or be deemed to have waived his right to do so.
Kanu faces terrorism charges related to his separatist activities. Arrested in 2015, he fled Nigeria after securing bail in 2017 but was rearrested in 2021 and has since remained in the custody of the Department of State Security (DSS).
