The Federal High Court in Abuja has given the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, until November 5 to open his defence in the alleged terrorism case against him or be deemed to have forfeited his right to do so.
Justice James Omotosho issued the directive after Kanu, for the fourth consecutive day, failed to enter his defence following the closure of the prosecution’s case and the court’s earlier decision overruling his no-case submission.
The judge warned that if Kanu failed to present his defence on the next adjourned date, he would be considered to have waived his constitutional right to do so.
The matter was previously adjourned on October 27 to November 4 for the defendant to either file his final written address or open his defence.
During Tuesday’s proceedings, Kanu, who is representing himself in the case, informed the court that he had not filed a final written address as earlier directed but instead submitted a motion supported by an affidavit.
He told the court that he would not be entering any defence, insisting that there was no valid charge pending against him under Nigerian law.
“I will not enter any defence because there is no valid charge known to any extant law pending against me,” Kanu declared. “I should be set free and allowed to go home immediately because there is no valid charge for which I should be further subjected to trial.”
However, the prosecution counsel, Adegboyega Awomolo (SAN), challenged the competence of the new documents filed by Kanu, arguing that they were improperly filed and amounted to a delay tactic.
Awomolo urged the court not to further indulge the defendant, whom he accused of deliberately wasting the court’s time. He requested that the court treat Kanu’s newly filed documents as his final written address, allow parties to adopt their final submissions, and fix a date for judgment.
In his ruling, Justice Omotosho held that the documents filed by Kanu were properly submitted and would be considered at the stage of judgment.
The judge noted that since Kanu is not a lawyer, he should be given the opportunity to consult legal counsel and obtain necessary assistance.
Justice Omotosho thereafter adjourned the case until November 5 for Kanu to open his defence or be deemed to have waived his right to do so.
