The Federal High Court in Abuja has warned the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to open his defence in his ongoing terrorism trial or risk forfeiting his right to do so.

Justice James Omotosho issued the warning on Monday after Kanu, for the fourth time, declined to begin his defence following the court’s decision to overrule his no-case submission and the prosecution’s closure of its case.

The judge ruled that if Kanu fails to open his defence on Tuesday, November 5, he will be deemed to have waived his right to defend himself.

At the resumed hearing, Justice Omotosho reviewed previous proceedings, noting that the day’s session was for Kanu to either begin his defence or adopt his final written address.

Kanu, who is representing himself, told the court that he had not filed any written address but had instead submitted a motion and affidavit challenging the validity of the charges.
“I believe there are misconceptions here. There is no valid charge against me,” Kanu said, arguing that the Terrorism Prevention Act 2013, under which he is being tried, had been repealed.

He further cited Section 36(12) of the Constitution, maintaining that he could not be tried under a non-existent law.
The IPOB leader also declared that he would not return to detention unless told under which law he was being prosecuted, stating:
“You cannot send me back to detention without telling me under which law I am being tried.”

Justice Omotosho, however, clarified that the issue of whether the law applied was not yet ripe for determination, explaining that such questions could only be addressed after the defence or during judgment.

The judge also reminded Kanu that the Supreme Court, which he had referenced to support his argument, had already ordered his retrial on the remaining seven counts, thereby confirming the validity of the process.

Prosecution counsel, Adegboyega Awomolo (SAN), criticised Kanu’s latest filings, describing them as incompetent and intended to delay proceedings. He urged the court to treat the filings as Kanu’s final written address and proceed to adjourn for judgment.

Before adjourning, Justice Omotosho once again appealed to Kanu to seek legal representation, saying:
“In the name of Almighty God, get a lawyer who is an expert in criminal law to guide you. The law has given you the opportunity to put in your defence; if you refuse, the court cannot force you.”

The court subsequently adjourned till today for Kanu to either open his defence or be deemed to have forfeited his right to do so.