By Victor Osula, Abuja
On Tuesday, the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, again refused to open his defence in the seven-count terrorism charge filed against him by the Federal Government, insisting the case has no legal foundation.
Appearing before Justice James Omotosho of the Federal High Court, Abuja, Kanu, who has sacked his legal team and chosen to represent himself, maintained that there is no valid charge before the court and, therefore, “no case to answer”.
He told the court that in the absence of a lawful charge recognised by any existing Nigerian statute, he could not be compelled to defend an “illegal proceeding”.
Kanu urged the judge to take judicial notice of the motion he filed, along with a supporting affidavit, challenging the jurisdiction of the court to try him for offences he argued are unknown to Nigerian law.
He insisted that continuing the trial would amount to an abuse of court process and demanded an immediate order for his release from the custody of the Department of State Services (DSS), where he has been detained since June 2021.
However, lead prosecution counsel, Adegboyega Awomolo, SAN, objected to Kanu’s submissions, arguing that the defence filings were not properly entered before the court and should be dismissed as incompetent.
Awomolo accused the proscribed IPOB leader of deliberately frustrating the judicial process and urged the court not to indulge further what he termed “delay tactics intended to derail the case”. He prayed the court to deem the documents recently filed by Kanu as his final written address and direct both parties to adopt their arguments so judgement could be delivered without further delay.
But in a brief ruling, Justice Omotosho dismissed the prosecution’s objections and held that Kanu’s filings were competent and would be considered at the point of judgement.
The judge acknowledged Kanu’s non-lawyer status and said the court would give him reasonable room to seek legal guidance, despite his decision to appear in person.
However, Justice Omotosho warned that the court would not permit endless delays or obstruction of proceedings, stressing that the trial must move forward in line with due process.
He hinted that Kanu risks forfeiting his right to defend himself if he fails to proceed within the allotted time, noting that the court has already exercised considerable patience.
Consequently, the judge adjourned the matter to Wednesday, November 5, for Kanu to either open his defence or have his right to do so foreclosed.
