A Federal High Court in Abuja has threatened to foreclose the defence of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, following his repeated refusal to open his defence in his ongoing terrorism trial.
Justice James Omotosho issued the warning on Tuesday after Kanu, for the fourth time, declined to enter his defence despite the prosecution having closed its case and the court already overruling his no-case submission.
The judge cautioned that if Kanu fails to open his defence at the next adjourned date, November 5, the court would deem him to have waived his right to do so.
The matter, earlier adjourned on October 27 for Kanu to either file his final written address or proceed with his defence, took a new turn when the IPOB leader, who is representing himself, told the court he had not filed any final written address as directed but had instead submitted a motion and a supporting affidavit.
Kanu insisted that he would not enter any defence because, in his view, there was no valid charge before the court. He maintained that he should be released immediately, declaring that his continued detention was unlawful.
“I will not enter any defence because there is no valid charge known to law against me,” Kanu said, arguing that he should be allowed to go home.
However, prosecuting counsel, Adegboyega Awomolo, a Senior Advocate of Nigeria, faulted the documents Kanu filed, describing them as incompetent and improperly filed.
He urged the court not to continue indulging the defendant, whom he accused of deliberately attempting to stall the proceedings.
Awomolo further asked the court to treat Kanu’s recently filed documents as his final written address, direct parties to adopt their addresses, and fix a date for judgment.
In his ruling, Justice Omotosho disagreed with the prosecution’s objections, holding that Kanu’s filings were in order and would be considered at the judgment stage.
The judge noted that since Kanu is not a lawyer, the court would give him a reasonable time to consult legal counsel and adequately prepare his defence.
The court subsequently adjourned the case to November 5, giving Kanu the option to open his defence or risk having his right to do so foreclosed.
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