The Federal High Court in Abuja has directed the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to open his defence on Friday, October 24, in the terrorism charges filed against him by the Federal Government.
Justice James Omotosho, who gave the order, ruled that the defendant must commence his defence without fail or be deemed to have waived the opportunity granted to him by law.
The ruling came after Kanu insisted on representing himself and requested a three-month adjournment to prepare. The judge, however, reminded him that an accelerated trial timetable had already been adopted and could not be altered to accommodate such a lengthy delay.
Despite the explanation, Kanu continued to challenge the court’s jurisdiction to hear the case. Justice Omotosho reminded him that the issue had already been decided against him. The judge also appealed to Kanu to allow the trial to progress, but the defendant stood his ground.
Kanu told the court: “Going forward, I am making an oral application challenging the jurisdiction of the court to try him. On the face of the records before this court, there are four jurisdictional defects in the matter. The Federal Government is in contempt of the Court of Appeal. I have been discharged by the Appeal Court but I remained in detention for 14 more months.
“A contemnor cannot come to the court to seek any remedy because he who goes to equity must appear with clean hands. The Act on which I am being tried has been repealed and therefore I could not be tried on a repealed Act. The prosecution had denied me proper consultation with my lawyers for the almost five years I had been held in custody.
“If not for your mercy, My Lord, to grant us three hours to hold conference in this courtroom, I would have been compelled to enter my defence in a capital offence without proper consultation with my lawyers. The medical report on which this court relied to declare me fit to stand trial was forged. The report was dated 23 September even though the court gave the order on 26 September.”
Kanu further alleged that no blood or urine samples were taken from him for any medical tests, rendering the report “fabricated.” He therefore urged the court to terminate the case.
In response, prosecution counsel, Adegboyega Awomolo (SAN), argued that Kanu’s statements were not based on any recognised legal procedure, describing them as “merely entertaining the court.”
Justice Omotosho ruled that preliminary objections would not be entertained at this stage and reaffirmed that the defendant must open his defence. He noted that while most of Kanu’s arguments had been raised before, he would still have the opportunity to revisit them in his final written submissions.
During proceedings, Senior Advocate of Nigeria, Dr. Onyechi Ikpeazu, sought permission to address the court as a friend of the court. He appealed for an adjournment—at least until October 24—to allow Kanu some time to gather his thoughts and begin his defence.
The judge responded that since Kanu had chosen to represent himself, it was up to him to make such an application.
“I appeal to the defendant to make use of the opportunity given to him to enter his defence, or waive it if he wishes,” he said.
Kanu reiterated that he had not been given enough time to prepare, especially considering the capital nature of the charges and his need to assemble witnesses.
Justice Omotosho ultimately ordered that the defendant must open his defence without fail on October 24.
