Court Gives Kanu Ultimatum to Enter Defence or Forfeit Right

A Federal High Court in Abuja has warned Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), that he may forfeit his right to enter a defence in his ongoing terrorism trial if he fails to do so.

The warning came on Tuesday from Justice James Omotosho after Kanu, for the fourth consecutive day, declined to open his defence. The prosecution had closed its case, and the court had previously overruled Kanu’s no-case submission.

Justice Omotosho stated that if Kanu does not open his defence by November 5, he would be deemed to have waived that right. The court had adjourned on October 27 to November 4, giving Kanu time to file a final written address or begin his defence.

At Tuesday’s proceedings, Kanu, representing himself, admitted he had not filed the court-ordered final written address but instead submitted a motion and supporting affidavit. He reiterated his refusal to enter a defence, claiming there is “no valid charge, known to any extant law, that is pending against him.”

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Kanu also demanded to be released, stating that he should not remain in detention because there was “no valid charge in respect of which he should be further subjected to trial.”

In response, the prosecuting counsel, Adegboyega Awomolo (SAN), challenged the validity of Kanu’s newly filed documents, arguing they were improperly submitted. Awomolo urged the court to consider the filings as Kanu’s final written address, proceed with adoption of all final addresses, and adjourn for judgment, accusing Kanu of seeking only to delay the trial.

Ruling on the matter, Justice Omotosho confirmed that the documents would be considered during judgment. Acknowledging that Kanu is not a lawyer, the judge noted he should be given the opportunity to consult legal counsel and obtain necessary support.

The court adjourned the case to November 5, by which time Kanu must either enter his defence or be deemed to have waived his right to do so.