Justice James Omotosho of the Federal High Court, 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 terrorism case brought against him by the Federal Government—or risk forfeiting his right to do so.
The directive came after Kanu, for the fourth consecutive day, failed to enter his defence following the closure of the prosecution’s case and the court’s rejection of his no-case submission.
Justice Omotosho, who had earlier adjourned proceedings on October 27 for the defendant to either file his final written address or begin his defence, said the court would deem Kanu to have waived his right to defend himself if he fails to act on the new date.
During Tuesday’s proceedings, Kanu—who is now representing himself after his lawyers withdrew from the case—told the court he had not filed any written address but had instead submitted a motion and a supporting affidavit.
He insisted that there was no valid charge against him under any existing Nigerian law and demanded his immediate release, declaring that he would not return to detention.
However, prosecuting counsel Adegboyega Awomolo (SAN) dismissed Kanu’s filings as “procedurally defective” and urged the court not to indulge what he described as the defendant’s deliberate attempts to stall the trial.
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He asked the court to treat Kanu’s new documents as his final address and proceed to fix a date for judgment.
In his ruling, Justice Omotosho held that the documents filed by Kanu were valid and would be considered in due course.
Recognizing that Kanu is not a lawyer, the judge said he would be given another opportunity to consult legal counsel before continuing his defence.
The matter was consequently adjourned till November 5 for Kanu to either open his defence or be deemed to have waived his right to do so.