Court gives Nnamdi Kanu another chance to open defence

The Federal High Court in Abuja has, for the fourth time, given the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, another opportunity to defend the terrorism charges filed against him by the federal government or waive his right to do so.

Justice James Omotosho granted Kanu another adjournment till November 7, to enter his defence after the IPOB leader insisted that there were no valid terrorism charges against him and that he would not defend a charge he considered invalid.

Kanu is standing trial on a seven-count charge bordering on terrorism, brought against him by the Federal Government.

The prosecution closed its case on June 19, 2025, after calling five witnesses to testify against Kanu.

He was subsequently expected to open his defence but maintained that he had no case to answer.

However, on September 26, 2025, the court rejected his no-case submission, holding that a prima facie case had been established against him and ordering him to enter his defence.

In late October, for the second time, Kanu failed to open his defence, claiming that his former lawyers had yet to hand over key documents to him.

On November 4, he repeated the same position, insisting that there was no valid charge for him to respond to.

At Wednesday’s resumed sitting, when called upon to open his defence, Kanu instead faulted the charges, arguing that there was nothing to defend under what he described as a repealed law.

Rather than addressing the business of the day, he spent several hours addressing the court on why the charges could not stand.

Among other things, Kanu argued that the Supreme Court, in its judgment ordering his trial, had directed the Federal Government to amend the charge since the one currently against him had been repealed.

He maintained that the prosecution’s failure to amend the charge was a violation of the apex court’s directive, insisting that no trial could proceed under a repealed law.

“The Terrorism Prevention and Prohibition Act has been repealed. I cannot put up a defence under a repealed law. I won’t do that,” he declared.

At this point, Justice Omotosho reminded him of the need to “keep his gunpowder dry”, but Kanu declined, maintaining that he had not seen any reason to open his defence on the existing charge.

He later stated that he was willing to open his defence but needed to consult with his four legal consultants, Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara, and Mandela Umegborogu.

Based on this, the judge once again urged him to consult legal practitioners conversant with criminal law to aid his defence.

Earlier, counsel to the Federal Government, Adegboyega Awomolo, had urged the court to enforce its previous order requiring Kanu to open his defence or waive his right to do so.

However, Justice Omotosho stated that he was inclined to bend backwards once more to give Kanu another opportunity to reconsider his stance.

He explained that the adjournment was being granted in the interest of justice, both to the defendant and to the nation.

culled from punch.