The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has refused to open his defence in the terrorism case filed against him by the federal government.
At the resumed hearing on Monday, Kanu — who chose to represent himself after dismissing his legal team — told the court that after reviewing his case file, he found no valid charges against him.
“Join me in praising God. I have gone through my case file, and there is no charge against me,” he said.
“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.”
Presiding judge James Omotosho interjected, explaining that under Nigerian law, once the prosecution closes its case, the defendant has three options — to file a no-case submission, to present a defence if the no-case submission fails, or to rely on the prosecution’s evidence.
He noted that if Kanu refuses to present a defence, it means he is relying on the prosecution’s case.
However, Kanu maintained that there was no legitimate charge against him and again urged the court to release him or grant him bail, citing ill health.
“I am being detained under a fraudulent charge that the supreme court has said it ought not to be,” he said.
In response, Adegboyega Awomolo, counsel for the federal government, said the case was effectively closed since the defendant had chosen to rely on the prosecution’s evidence. He then requested the court to fix a date for judgment.
‘GOD WILL HOLD ME RESPONSIBLE’
Judge Omotosho warned Kanu of the risks of refusing to present a defence after a no-case submission has been overruled. He said it was his duty to protect the rights of all parties, including the defendant, and advised Kanu to seek legal counsel.
“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,” the judge said.
“In the interest of justice, I will grant an adjournment either for the defendant to put in his defence or adopt his position not to enter a defence.”
Despite the explanation, Kanu maintained his stance that there was no charge against him.
CASE ADJOURNED
Awomolo argued that the court had already given Kanu six days to start and conclude his defence, urging the judge not to alter the earlier order. He said that even if an adjournment was granted, it should fall within the initial timeframe.
Judge Omotosho explained that he considered the unique circumstances of the case, given that Kanu is representing himself without legal training.
He subsequently granted a seven-day adjournment to allow Kanu to consult lawyers with experience in criminal defence.
The case was adjourned to November 4, 5, and 6 for the defendant to open his defence. The judge added that if Kanu fails to do so, the court will proceed to take final written addresses on November 6 and consider that the defendant has chosen to rely on the prosecution’s case.