The Federal High Court in Abuja on Tuesday once again urged Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to open his defence in the ongoing trial over alleged terrorism offences.
Justice James Omotosho made the appeal after Kanu insisted that there was no valid charge against him to warrant a defence. The judge cautioned the IPOB leader on the implications of his continuous refusal to proceed and advised him to seek guidance from legal experts.
Kanu, who represented himself in court, maintained that there was no existing law under which he was being tried. “My lord, the very charge upon which the entire ruling was based, does not exist. Even as I came to this court today, there is no charge against me,” he said.
He argued that the law under which he was being prosecuted had been repealed, citing a Supreme Court directive delivered through Justice Lawal Garba, which he said had not been implemented in his case. Kanu contended that the apex court had held that the criminal code under which he is being tried “does not exist.”
The prosecution counsel, Chief Adegboyega Awomolo (SAN), informed the court that they were served on Friday with Kanu’s motion on notice and final address, which he described as “a piece of paper.”
“My lord, on Friday, we were served with a piece of paper titled motion on notice and final address of the defendant. What I was served is a piece of paper that carries no stamp of this court, no signature of revenue collector, etc,” he said.
Awomolo argued that an unsigned document was legally worthless, referencing Supreme Court decisions to support his position. He added that the prosecution had already addressed all the 10 points raised by Kanu, including the issues of a repealed law and extraordinary rendition, in its final written address.
He stated that the prosecution was ready to adopt its final address and urged the court to fix a date for judgment.
Justice Omotosho, however, granted Kanu more time to consult legal experts on his next step. The judge reminded the IPOB leader that the Supreme Court’s decision to send his case back for retrial meant the trial must proceed.
He emphasized that Kanu was still presumed innocent until proven otherwise but warned that the court would not wait indefinitely. “If you fail to open your defence on the next adjourned date, you will be deemed to have waived your right to do so,” he said.
Justice Omotosho, describing Kanu as a layman, said his decision to grant the adjournment was in the interest of fair hearing.
The case was subsequently adjourned until November 5 for Kanu to open his defence.
The News Agency of Nigeria (NAN) reports that Justice Omotosho had earlier adjourned the matter on October 27 for Kanu to either file his final written address or begin his defence.
