Alleged Terrorism: Court Gives Nnamdi Kanu Final Chance to Defend Himself

The Federal High Court in Abuja has given the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, one final opportunity to defend himself in the seven-count terrorism charge filed against him by the Federal Government.

Justice James Omotosho, who presided over the matter on Wednesday, adjourned the case to November 7 to allow Kanu open his defence as earlier directed. The judge warned that if Kanu fails to do so on the next adjourned date, the court would foreclose his right to defend the case.

According to Justice Omotosho, the decision was guided by the principle of fair hearing, which requires that every defendant be given ample opportunity to clear their name.

“We had adjourned for the defendant to present his defence or be deemed to have closed it,” the judge said. “However, I am inclined to give him one last opportunity. If he fails to use it, I will deem the defence closed. I understand he is an economist, not a lawyer, and I will extend this final chance in the interest of justice.”

The development followed Kanu’s insistence from the dock that he had “no case to answer,” maintaining that the charge against him was based on a repealed and invalid law.

“The Terrorism Prevention and Prohibition Act has been repealed. I cannot defend myself under a repealed law — I won’t do that,” Kanu told the court.

Kanu argued that the Supreme Court, while approving the continuation of his trial, had directed the Federal Government to amend the charge. He claimed that the government disobeyed that directive by re-arraigning him on the same defective charge, rendering the case invalid.

However, lead prosecution counsel Chief Adegboyega Awomolo, SAN, urged the court to close Kanu’s defence, arguing that the defendant had already wasted five out of the six days allocated for his defence.

Awomolo said Kanu’s repeated claims about the charge’s validity showed his unwillingness to proceed, and therefore, the court should move forward to the stage of final written addresses before judgment.

Justice Omotosho, however, chose to grant one last adjournment after Kanu requested time to consult four of his former lawyers — Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara, and Mandela Umegborogu — before deciding how to proceed.

The judge approved Kanu’s request but cautioned the lawyers against discussing court proceedings in the media, following a complaint by the prosecution that some of them had made prejudicial comments in past interviews and social media posts.

It will be recalled that on October 24, the court ordered Kanu to open his defence in the terrorism case. Initially, the IPOB leader had listed 23 prominent Nigerians — including serving governors, ministers, and security chiefs — as witnesses he intended to call. These included Imo State Governor Hope Uzodimma, Lagos State Governor Babajide Sanwo-Olu, FCT Minister Nyesom Wike, former Attorney-General Abubakar Malami, and ex-Chief of Army Staff Lt. Gen. Tukur Buratai (rtd).

Kanu, who has been in detention since 2021, later abandoned that plan and declared that he would not enter any defence, insisting that the charge against him remains invalid.

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