Justice James Omotosho of the Federal High Court in Abuja has confirmed that the witness summons sought by Nnamdi Kanu have been signed and are ready for dispatch to the listed individuals, including the Minister of the Federal Capital Territory, Nyesom Wike, and 22 others.
Among those named are Imo State Governor Hope Uzodinma, Lagos State Governor Babajide Sanwo-Olu, and two former Chiefs of Army Staff, General T. Y. Danjuma and Tukur Buratai. The witnesses, all notable Nigerians, were listed by Kanu to testify in his terrorism case, which has been ongoing since 2015.
Justice Omotosho announced in open court on Thursday that he had approved Kanu’s request, signed the summons, and made them available for collection and service in line with legal requirements. In a defence notice filed on October 21, Kanu listed former and serving governors, ministers, and military chiefs as witnesses he wanted compelled to appear. The judge directed Kanu to personally serve them to ensure prompt responses.
During Thursday’s proceedings, Kanu announced that he had dismissed his entire legal team and would now conduct his own defence.
The decision came as the prosecution, led by Adegboyega Awomolo, SAN, identified its legal representatives for the Federal Government. When asked to present the defence team, lead counsel Kanu Agabi, SAN, told the court that they were present only out of respect for the bench.
Agabi formally announced the team’s withdrawal, explaining that “the defendant has taken this case back from us and we respect that.” He named other withdrawing lawyers, including Onyechi Ikpeazu, Joseph Akubo, Paul Erokoro, Emeka Etiaba, and another senior advocate.
Justice Omotosho asked Kanu to confirm this development, and he affirmed that he had indeed relieved his lawyers and would represent himself. The judge instructed other defence lawyers, excluding the SANs, to leave the courtroom immediately, and they complied.
Kanu then sought permission to make an oral submission, which the judge allowed despite opposition from the prosecution. He told the court he would not open his defence because he was challenging its jurisdiction, describing it as “a jurisdictional issue that goes to the heart of this case.”
Kanu based his objection on four grounds. He argued that the Federal Government was in contempt of a Court of Appeal judgment that ordered his release, that the Terrorism Prevention (Amendment) Act 2013 and Customs and Excise Act under which he was charged had been repealed, that his right to fair hearing had been violated due to restricted access to his lawyers, and that a medical report declaring him fit for trial was forged. He said he was never examined nor were his blood and urine samples taken.
Kanu asked the court to nullify the proceedings and order his immediate release in compliance with the Court of Appeal decision. Responding, Awomolo said Kanu’s claims lacked merit because they were not presented under oath. He reminded the court that the Supreme Court had set aside the Court of Appeal judgment on December 15, 2023. “The judgment of the Supreme Court delivered on December 15, 2023, has set aside the judgment they are claiming discharged him,” he said, adding that Kanu must file a formal objection if he wished to contest the court’s jurisdiction.
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Awomolo also rejected Kanu’s claims about fair hearing and the alleged forged medical report, noting that his former senior lawyers had reviewed the report and found no fault. Justice Omotosho observed that both parties’ lawyers had earlier raised no objection when the report was presented on October 16 and that the court had already acted on it. He said the matter could not be reopened.
The judge recalled that the same issues had been raised and addressed in his ruling of September 26, when the court found that Kanu had a case to answer. He added that he had vacated the courtroom on Wednesday from 9 a.m. to 2 p.m. to allow Kanu private consultation with his lawyers, despite the absence of proof that the DSS was monitoring their conversation.
Justice Omotosho stated that while those issues had been settled, Kanu could still raise them in his final written address. He urged Kanu to proceed with his defence. “I call upon and appeal to the defendant to open his defence. I beg the defendant, in the name of the Almighty God, to comport himself and conduct his defence. This is the opportunity that the Constitution gives him under Section 36. It is a right that he can exercise or waive either expressly or by conduct,” he said.
At that point, Onyechi Ikpeazu, SAN, appealed to the court to give Kanu time to gather himself, noting that his lawyers’ withdrawal took effect that same morning. Kanu then told the court, “In the exercise of my right, I wish to state on record that I have not had the opportunity to prepare for my defence. I only had three hours yesterday in this courtroom. Section 36 of the Constitution allows me to be given adequate facilities to defend myself. My lord, I need time.”
Since the prosecution did not object, Justice Omotosho granted the request and adjourned the case until Friday, October 24, for Kanu to begin his defence, adding that the timeline for his self-representation would start from Thursday.