The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Tuesday, again refused to open his defence in the seven-count terrorism charge brought against him by the Federal Government.
At the resumed hearing before Justice James Omotosho of the Federal High Court, Abuja, Kanu, who has been representing himself since dismissing his legal team, insisted that there was no valid charge pending against him.
News360 Info reports that Kanu said, “You cannot ask me to begin my defence when you have not stated the law under which I am being charged.
“The records of this court show there is no law backing these charges. I request to be released. My Lord, please take judicial notice of all the records before this court.”
He maintained that, in the absence of a valid legal provision, he would neither enter a defence nor file a final written address, urging the court instead to order his immediate release from DSS custody, where he has been detained since 2021.
Relying on Section 36(12) of the 1999 Constitution, Kanu argued that the charges against him were not supported by any existing law. He also accused the court of violating the Supreme Court judgment that condemned his extraordinary rendition from Kenya.
“In Nigeria today, the Constitution is the supreme law. There is no provision for a terrorism offence in it. The Terrorism Prevention and Prohibition Act has been repealed. I cannot put in a defence under a repealed law,” Kanu fumed from the dock.
He insisted that continuing his trial amounted to a breach of his fundamental rights, adding, “Tell any lawyer to show me the valid charge. I cannot be tried under a law that no longer exists.”
Prosecution Faults Kanu’s Filings
Lead prosecution counsel, Chief Adegboyega Awomolo (SAN), challenged the competence of Kanu’s court filings, describing them as defective and lacking probative value.
“The defendant is only wasting the court’s time. His documents are incompetent and should be disregarded,” Awomolo told the court.
He urged Justice Omotosho to treat the filings as Kanu’s final written address and proceed to deliver judgment.
In his ruling, Justice Omotosho dismissed the prosecution’s objection and ruled that the defendant’s filings would be considered at judgment.
The judge said the court had taken note of the fact that Kanu is not a lawyer and therefore deserves another opportunity to consult legal counsel.
“The court will foreclose his right to defend himself if he fails to open his defence within the time allotted,” the judge warned.
The case was subsequently adjourned till Wednesday, when Kanu is expected to either enter his defence or forfeit his right to do so.
