Court Pleads With Nnamdi Kanu to Open Defence, Warns of Possible Forfeiture

The Federal High Court in Abuja has once again appealed to Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to open his defence in the ongoing terrorism trial filed against him by the Federal Government.

At Tuesday’s proceedings, Justice James Omotosho urged Kanu to seek legal advice to understand the implications of his continued refusal to enter a defence.

The development came after Kanu reiterated that there was “no valid charge” before the court, insisting that he could not be tried under a law he claimed had been repealed.

“My lord, the very charge upon which the entire ruling was based does not exist. Even as I came to this court today, there is no charge against me,” Kanu told the court.

The IPOB leader argued that the Supreme Court’s directive, delivered by Justice Lawal Garba, had not been implemented in his case and that the criminal code referenced in his charge “does not exist.”

Representing the prosecution, Chief Adegboyega Awomolo, SAN, informed the court that the defence had served them with what he described as a “piece of paper” titled motion on notice and final address of the defendant.

“My lord, what I was served is a piece of paper that carries no stamp of this court and no signature of the revenue collector. According to the Supreme Court, such an unsigned document is worthless and lacks efficacy in law,” Awomolo stated.

He further said that the prosecution had addressed all ten issues earlier raised by Kanu — including those relating to the repealed law and his extraordinary rendition — in their final written address, and expressed readiness to proceed to judgment.

Justice Omotosho, however, granted Kanu an adjournment to enable him to consult legal experts on the importance of presenting his defence.

The judge reminded the IPOB leader that the Supreme Court’s remittance of his case for retrial indicated that he must face trial.

“You are still presumed innocent, but if the Supreme Court did not want you to be tried, it would not have sent the case back here,” Omotosho said.

The judge described Kanu as “a layman in law” and stated that, in the interest of fair hearing, he would be given one more opportunity to present his case. However, he warned that the court would foreclose his defence if he failed to act.

Justice Omotosho set November 5 as the final date for Kanu to open his defence, adding that failure to do so would mean he had waived his right to defend himself.

The judge had earlier adjourned the matter from October 27 to November 4 for the defendant to either file his final address or begin his defence.

Opinion Nigeria News