Court Gives Nnamdi Kanu Final Chance to Defend Himself or Lose Right to Do So

Justice James Omotosho of the Federal High Court has issued a final ultimatum to Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), directing him to open his defence on November 5 or be considered to have forfeited his right to do so.

The order came on Monday after Kanu again failed, for the fourth consecutive time, to present his defence following the closure of the prosecution’s case and the court’s earlier decision overruling his no-case submission.

Justice Omotosho warned that if Kanu refuses to proceed with his defence on the next adjourned date, the court will interpret his action as a waiver of his right to present a defence. The judge stated, “The defendant has until November 5 to open his defence or be deemed to have waived his right.”

Kanu Rejects Charges, Says No Valid Case Exists

The court had earlier, on October 27, adjourned to November 4 to allow Kanu either to submit his final written address or begin his defence. However, when proceedings resumed, Kanu — who is representing himself after his lawyers withdrew from the case — told the court he had not filed any final address. Instead, he submitted a fresh motion and a supporting affidavit.

He insisted that he would not enter any defence because, in his view, there was no valid charge pending against him under any Nigerian law. “There is no lawful charge before this court,” he told Justice Omotosho, arguing that continuing the trial amounted to a violation of his rights.

Kanu went further to declare that he should no longer be held in custody, maintaining that he deserves to be released immediately since the charges, according to him, have no legal basis.

Prosecution Accuses Kanu of Deliberate Delay

Reacting, prosecuting counsel Adegboyega Awomolo (SAN) criticised Kanu’s decision and questioned the legitimacy of the documents the defendant recently filed. Awomolo argued that the filings were not properly presented before the court and accused Kanu of intentionally stalling the proceedings.

“The defendant is only interested in wasting the court’s time,” Awomolo submitted, urging Justice Omotosho to treat the new filings as Kanu’s final written address and proceed to judgment.

Read also: Nnamdi Kanu Declared Fit to Stand Trial, Medical Panel Confirms

He further urged the court not to allow the case to drag endlessly, emphasizing that the prosecution had already closed its case and fulfilled its legal obligations.

In his ruling, Justice Omotosho held that the documents filed by Kanu were acceptable and would be evaluated at the stage of judgment. He explained that since the court is aware that Kanu is not a trained lawyer, he deserves a fair chance to consult legal counsel and prepare properly for his defence.

“The court takes judicial notice that the defendant is not a lawyer,” Omotosho said. “He should be given an opportunity to seek legal advice and obtain the necessary assistance before the next hearing.”

The judge subsequently adjourned the case to November 5 for Kanu to either open his defence or be taken to have waived the right to do so.

A Long-Running Legal Battle

Kanu has been standing trial on charges bordering on terrorism and incitement, accusations he has consistently denied. His case has drawn national and international attention, especially among supporters of IPOB who view him as a political prisoner.

The latest development comes amid a series of courtroom standoffs since his re-arrest and repatriation to Nigeria in 2021. His legal team had previously withdrawn from representing him, prompting the court to allow Kanu to conduct his own defence.

Justice Omotosho’s warning marks a critical point in the trial, with November 5 now set as the decisive date for Kanu’s next move. If he refuses to open his defence, the court is expected to proceed based on the evidence already presented by the prosecution.

The ruling underscores the court’s growing impatience with repeated delays in the proceedings and signals that the long-drawn case may soon reach a decisive phase.