Justice James Omotosho of the Federal High Court, Abuja, has given the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, until November 5 to open his defence in the terrorism case filed against him or be deemed to have waived his right to do so.
The judge issued the directive on Monday after Kanu, for the fourth consecutive sitting, failed to enter his defence following the prosecution’s closure of its case and the court’s earlier dismissal of his no-case submission.
Justice Omotosho warned that if Kanu fails to defend himself by the next adjourned date, the court would proceed to consider the case based on the evidence already before it.
The court had on October 27 adjourned to November 4 for Kanu to either file his final written address or open his defence.
At Monday’s proceedings, Kanu—who is representing himself—told the court that he had not filed any final written address as directed but had instead submitted a motion and a supporting affidavit.
He insisted that he would not present any defence, arguing that there was no valid charge before the court.
“I will not enter any defence because there is no valid charge, known to any extant law, pending against me. I should be released immediately,” Kanu declared, demanding his freedom and refusing to return to detention.
Responding, prosecuting counsel Adegboyega Awomolo (SAN) challenged the competence of Kanu’s latest filings, describing them as irregular and aimed at delaying the proceedings.
Awomolo urged the court to treat the documents as Kanu’s final written address, direct parties to adopt their addresses, and adjourn for judgment.
In his ruling, however, Justice Omotosho held that the documents filed by Kanu were properly before the court and would be considered at the point of judgment.
He noted that since Kanu is not a lawyer, he should be given an opportunity to consult legal counsel for proper guidance.
The judge then adjourned the case until November 5 for Kanu to either open his defence or for the court to deem his right to do so as waived.
