Justice Omotosho Gives Nnamdi Kanu Till November 5 to Defend Terrorism Charges or Forfeit Right

At the Federal High Court in Abuja on Tuesday, Justice James Omotosho gave the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, until November 5 to enter his defence in the terrorism charges filed against him by the Federal Government or waive his right to do so.

Justice Omotosho appealed to Kanu to consult with legal practitioners knowledgeable in criminal law to aid his defence or, alternatively, allow a lawyer to represent him in the case.

The development followed Kanu’s persistent refusal to defend himself against the terrorism charges, insisting there was no valid charge before the court. Appearing for himself during Tuesday’s proceedings, Kanu maintained that he would not return to the custody of the Department of State Services (DSS) unless the alleged charges were clearly presented to him.

He described his continued detention as illegal and unconstitutional, claiming he had violated no known law. Kanu also accused the court of disobeying the Supreme Court judgment which condemned his extraordinary rendition from Kenya, demanding that Justice Omotosho discharge him immediately.

However, when the judge reminded him that the Supreme Court had remitted the case for a fresh trial, Kanu reiterated his stance that the terrorism charges were incompetent, invalid, and unlawful. He cited Section 36(12) of the 1999 Constitution, arguing that there is no existing written law defining or penalising terrorism offences in Nigeria.

Despite repeated persuasion, Kanu refused to open his defence, prompting Justice Omotosho to adjourn further hearing until November 5, when Kanu must either defend himself or forfeit the right to do so.

During Tuesday’s session, counsel to the Federal Government, Adegboyega Awomolo (SAN), drew the court’s attention to some documents served on him by Kanu, describing them as worthless since they were not signed or endorsed by the court. He urged the court to disregard the documents, adopt his final address, and fix a date for judgment.

Justice Omotosho, however, overruled the objection, noting that the documents in the court’s records were duly signed and had evidence of payment attached.

The case will resume on November 5, when the court is expected to determine whether Kanu will proceed with his defence or be deemed to have waived his right.