Court warns Kanu may lose right to defence

A Federal High Court in Abuja has warned that the detained leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, risks losing his right to defend himself if he again refuses to open his case in his ongoing terrorism trial.

Justice James Omotosho issued the warning on Tuesday after Kanu, for the fourth consecutive hearing, declined to enter his defence despite the prosecution having closed its case and the court having dismissed his no-case submission.

The judge ruled that if Kanu fails to open his defence on November 5, the court will consider him to have waived his right to do so and may proceed accordingly.

Kanu, who is representing himself after dismissing his legal team, told the court that he had not filed a final written address as earlier directed. Instead, he submitted a fresh motion and supporting affidavit challenging what he described as the “non-existence of any valid charge.”

According to him, he would not enter a defence because he is “convinced” that no lawful charge is currently pending against him. He further declared that he should not be returned to detention and demanded immediate release, insisting that his trial lacks a valid legal basis.

“I will not enter any defence because there is no charge known to law against me,” Kanu told the court, adding that he should be allowed to “go home immediately.”

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Responding, prosecuting counsel Adegboyega Awomolo (SAN) faulted the defendant’s filings, arguing that the documents were incompetent and not properly before the court. He accused Kanu of deliberately stalling the proceedings and urged the court to treat the newly submitted documents as his final written address and proceed to judgment.

“We urge the court not to continue indulging the defendant. He is only interested in wasting the court’s time,” Awomolo said.

However, Justice Omotosho disagreed with the prosecution on the status of the documents. The judge held that the filings were properly submitted and would be considered at the judgment stage.

He noted that the court was mindful of the fact that Kanu is not a trained lawyer and therefore required the opportunity to consult counsel or obtain assistance in preparing his defence.

“In the interest of justice, the defendant must be given a fair opportunity to defend himself,” the judge ruled.

The matter was subsequently adjourned to November 5 for Kanu to either open his defence or be deemed to have voluntarily foregone the right.

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