Court Gives Nnamdi Kanu Nov 5 Ultimatum to Open Defence

The Federal High Court in Abuja, on Tuesday, gave the leader of the Indigenous People of Biafra, Nnamdi Kanu, until November 5 to defend the terrorism charges filed against him or risk waiving his right to do so.

The trial judge, Justice James Omotoso, advised Kanu to consult legal practitioners experienced in criminal law to assist with his defence or to formally appoint a lawyer to represent him in court.

Justice Omotosho’s decision followed Kanu’s continued refusal to open his defence, insisting that there was no valid charge pending against him.

Kanu, who represented himself during Tuesday’s proceedings, told the court that he would not return to detention unless the charges against him were properly presented.

He argued that his continued detention by the Department of State Services was unlawful, maintaining that he had not breached any known law.

He also accused the court of disregarding the Supreme Court’s judgment which, according to him, condemned his extraordinary rendition from Kenya.

He demanded that the trial judge immediately discharge him from custody.

When reminded that the Supreme Court had ordered a fresh trial, Kanu maintained his position that the terrorism charge was invalid and incompetent.

Citing Section 36(12) of the 1999 Constitution, he argued that there was no existing law creating a terrorism offence in Nigeria.

“In Nigeria today, the Constitution is the supreme law. There is no valid charge against me. I will not go back to detention today. The Terrorism Prevention and Prohibition Act has been repealed. I cannot defend myself under a repealed law,” Kanu said.

He further challenged any lawyer to show him a valid charge, urging the court to “take judicial notice” of what he claimed was the repeal of the terrorism law.

“I cannot be tried under a law that has been repealed. Prosecuting me under such a law is a violation of my fundamental rights,” he insisted.

After several attempts to persuade him to enter his defence, Justice Omotosho adjourned proceedings until November 5, 2025, giving Kanu the final opportunity to either defend the charge or forfeit his right to do so.

During the session, counsel for the Federal Government, Adegboyega Awomolo (SAN), informed the court that some documents served on him by Kanu were unsigned and not endorsed by the court, arguing that they held no evidential value.