Court Gives Nnamdi Kanu ‘Final Chance’ To Present His Defence

The Federal High Court in Abuja has once again granted Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), another chance to defend himself against terrorism charges brought by the federal government.

Justice James Omotosho, who presided over the case on Wednesday, explained that it was his duty to ensure Kanu, who is not a lawyer, is given fair guidance and enough opportunity to present his defence.

He said, “We had adjourned till today (November 5) for the defendant to put in his defence or be deemed closed. But, I am bound to give him another opportunity to put in his defence. If he did not, I will deem him closed. 

“I know that he is an Economist and not a lawyer. I will give the last opportunity to the defendant to put in his defence, failing which he would be deemed closed.” 

The court also directed the Department of State Services (DSS) to allow Kanu access to his legal consultants so he can prepare for his defence, which is now scheduled to open on November 7.

The decision came after the prosecution, led by Adegboyega Awomolo (SAN), asked the court to close Kanu’s defence, arguing that he had already used up five of the six days allotted for him to present his case.

At the commencement of Wednesday’s hearing, Justice Omotosho reminded Nnamdi Kanu that the court had adjourned to give him time to either reconsider hiring a lawyer or start his defence himself.

When asked to proceed, Kanu stood up and said he had “something that could embarrass the Judiciary,” requesting to speak privately with the judge and the prosecution in chambers.

The judge refused, insisting that Kanu should speak openly in court.

Kanu clarified that his remarks were not directed at the judge personally. He then asked to meet with his former legal team, who were in court as consultants.

They included Kanu Agabi (SAN), Aloy Ejimakor, Maxwell Opara, P. A. N. Ejiofor, and Mandela Umegboru—lawyers Kanu had earlier dismissed on October 23, the day he was first scheduled to open his defence.

After some back-and-forth, Kanu read from a prepared document, arguing that the charges against him were invalid because they were based on repealed laws.

“I am being asked to enter defence. I will but I must know the law under which I am being tried to enable me prepare my defence,” he said.

He claimed that the prosecution was in breach of the directive of the Supreme Court for allegedly failing to amend the charge.

Kanu insisted he wasn’t refusing to defend himself but wanted clarity on the legal basis of the case.

He said: “I was deceived into pleading to a charge that does not exist, which is a direct violation of my right to fair hearing.”

When asked by the judge who deceived him, Kanu said: “The prosecution deceived me by filing a charge under laws that do not exist. I was duped and deceived into pleading to a charge that does not exist.”

The prosecution disagreed, maintaining that Kanu’s refusal to proceed was a deliberate attempt to delay the trial.

Awomolo urged the court to record that the defendant had declined to defend himself and to move toward judgment.

Justice Omotosho, however, advised Kanu to seek help from an experienced criminal lawyer before continuing.

The judge said: “A lot of people are out there and you think they are experts in criminal procedure, they are not. It is not an area of law that people without experience can dabble into. 

“Before man and God, I am here to give proper advice. I am not saying you are not entitled to take a position. To guide you properly, keep your gun powder dry. Keep your gun powder dry.

“I am not saying that you should not say anything that you feel you have against the court. That is not what I am saying. I am saying that the issue you raised about repealed laws should be raised at the final address stage.”

The judge also warned Kanu’s consultants to adhere strictly to legal ethics, following a complaint from the prosecution that some of them had been granting media interviews and making social media posts about the ongoing case.

KanyiDaily recalls that the Federal High Court previously gave Nnamdi Kanu until today to defend himself against terrorism-related charges or lose the right to do so.