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 filed against him by the Federal Government.
At the resumed hearing before Justice James Omotosho of the Federal High Court in Abuja, Kanu — who has been representing himself after dismissing his legal team — insisted that there was no valid charge currently pending against him.
“You cannot ask me to begin my defence when you have not stated the law under which I am being charged,” Kanu told the court. “The records of this court show that 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.”
Kanu argued that since there was no existing legal provision supporting the charges, he would neither enter a defence nor file a final written address. Instead, he urged the court to order his immediate release from the custody of the Department of State Services (DSS), where he has been detained since 2021.
Citing Section 36(12) of the 1999 Constitution, Kanu maintained that the offences alleged against him are not supported by any existing law. He further 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 The Terrorism Prevention and Prohibition Act has been repealed. I cannot put in a defence under a repealed law,” Kanu declared from the dock.
He added, “Tell any lawyer to show me the valid charge. I cannot be tried under a law that no longer exists.”
Prosecution Faults Kanu’s Submissions
Lead prosecution counsel, Chief Adegboyega Awomolo (SAN), challenged the competence of Kanu’s filings, describing them as defective and without probative value.
“The defendant is only wasting the court’s time. His documents are incompetent and should be disregarded,” Awomolo argued, urging the court to treat the filings as Kanu’s final written address and proceed to judgment.
However, Justice Omotosho dismissed the prosecution’s objection, ruling that the defendant’s submissions would be duly considered at the judgment stage.
The judge noted that since Kanu is not a lawyer, he deserves another opportunity to consult legal counsel before proceeding.
“The court will foreclose his right to defend himself if he fails to open his defence within the time allotted,” Justice Omotosho warned.
The case was adjourned till Wednesday, when Kanu is expected to either enter his defence or forfeit his right to do so.
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