Biafra agitator and leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Monday declared before the Federal High Court in Abuja that he would not enter any defence in his ongoing terrorism trial, insisting there are no valid charges against him under Nigerian law.
Kanu made this statement before Justice James Omotosho during the resumed hearing of his case, which was scheduled for him to open his defence after the prosecution closed its case with five witnesses in June.
“There is no extant law in this country upon which the prosecution can predicate the charges against me,” Kanu said in court. “If there’s any, let my Lord read it out to me. So, I should not enter any defence in a charge that does not exist under any law in Nigeria.”
The separatist leader, who has been in detention since June 2021, maintained that the Supreme Court had already ruled that his continued detention was unlawful, describing the terrorism charge as “fraudulent.” He also urged the court to either release him immediately or grant him bail on health grounds.
Justice Omotosho, however, cautioned Kanu against his decision not to enter a defence, explaining that under criminal procedure, once a “no-case submission” has been dismissed, the defendant must either open his defence or choose to rely on the prosecution’s case.
“You must understand the implications,” the judge said. “Not entering a defence after your no-case submission has been dismissed is very dangerous.”
Prosecution counsel, Adegboyega Awomolo (SAN), argued that Kanu’s declaration implied he had opted to rely on the prosecution’s case, urging the court to adjourn for judgment. But Justice Omotosho clarified that Kanu’s claim that the charges were invalid amounted to a form of defence.
The court adjourned proceedings to November 4–6 to allow Kanu to decide whether to enter his defence or formally adopt his position.
This development marks another dramatic turn in the case, coming just days after Kanu dismissed his legal team led by former Attorney-General of the Federation, Kanu Agabi (SAN), opting to represent himself.
Kanu, who was first arrested in 2015 and later re-arrested in 2021 after fleeing Nigeria, faces seven terrorism-related charges, including incitement, membership of a proscribed organisation, and illegal importation of radio equipment.
The prosecution alleges that Kanu’s broadcasts incited violence in Nigeria’s South-east region, leading to killings and destruction of property. However, Kanu maintains his innocence, describing the charges as politically motivated.
Justice Omotosho has advised Kanu to seek expert legal counsel before the next hearing, noting that the court would proceed based on his final decision in November.
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