During Monday’s hearing, Kanu, who dismissed his legal team and chose to represent himself, told the court that after reviewing his case file, he found no charge supported by Nigerian law.
He said, “Join me in praising God. I have gone through my case file, and there is no charge against me.
“There is no extant law in this country upon which the prosecution can predicate the charges against me. If there’s any, let my Lord read it out to me.
“So, I should not enter any defence in a charge that does not exist under any law in Nigeria. I urge you to release me today or grant me bail.”
The presiding judge, Justice James Omotosho, explained that in criminal trials, once the prosecution closes its case, the defendant has three options: to file a no-case submission, to present a defence, or to rely on the prosecution’s case.
He warned Nnamdi Kanu that refusing to open a defence after a no-case submission has been dismissed is risky, as it means he is relying solely on the prosecution’s arguments.
Still, Kanu maintained that there were no valid charges against him and urged the court to release him, saying he was being detained unlawfully and that his health was deteriorating.
“I am being detained under a fraudulent charge that the supreme court has said it ought not to be,” he said.
Responding, Adegboyega Awomolo, counsel for the federal government, argued that since Kanu chose not to present a defence, the case should be considered closed, and a date should be fixed for judgment.
Justice Omotosho, however, said he had a duty to ensure Kanu fully understood the implications of his decision, especially since he had no lawyer.
He urged him to consult legal experts experienced in criminal defence before proceeding.
“I’m taking my time to explain all these to the defendant because I know it’s my responsibility to do so since he has no legal representation, and I know God will hold me responsible if I don’t.”
“I am inclined, in the interest of justice, to give an adjournment either for the defendant to put in his defence or adopt his position not to enter a defence,” the judge said.
Justice Omotosho then gave Kanu seven days to seek legal advice and prepare his defence, adjourning the case to November 4, 5, and 6.
The judge added that if Kanu still refuses to present his case by November 6, the court would proceed to hear final written addresses and treat his stance as a decision to rely on the prosecution’s evidence.
KanyiDaily recalls that Nnamdi Kanu had previously listed several high-profile figures as potential witnesses in his ongoing terrorism trial at the Federal High Court in Abuja.
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