By Correspondent in Abuja.
Justice James Omotosho of the Federal High Court, Abuja, on Monday granted the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seven days to file his final written address in his ongoing trial for alleged terrorism offences.
The judge’s decision followed Kanu’s request for time to prepare his written address after opting not to open his defence upon the court’s refusal of his no-case submission.
Our correspondent recalls that Kanu had earlier indicated his intention to call no fewer than 23 witnesses,comprising both Nigerians and foreigners,to testify in his defence.
In a motion filed on October 21, which he personally signed, Kanu categorised his proposed witnesses into “ordinary but material witnesses” and “vital and compellable witnesses” who, he said, could be summoned under Section 232 of the Evidence Act, 2011.
He had also prayed the court to grant him 90 days to conclude his defence. However, the IPOB leader later disengaged his legal team led by Chief Kanu Agabi, SAN, a former Attorney-General of the Federation, and informed the court that he would represent himself.
When the case resumed on Monday, five seats in the courtroom were reserved for witnesses, but Kanu announced that he would not be calling any, maintaining that “there is actually no charge against me.”
“There is no case against me. If there is no case, it will be futile for me to enter any defence,” Kanu told the court.
Justice Omotosho then explained that in criminal trials, a defendant has three options once the prosecution closes its case: to make a no-case submission, to open a defence, or to rest on the prosecution’s evidence and file a written address.
The judge reminded Kanu that his earlier no-case submission had been dismissed, meaning he had a case to answer.
Kanu, however, insisted that he would not open his defence, arguing that there was no extant law in Nigeria supporting the charges against him.
“I need a week to file a written address to show there is no charge against me. If there is no law backing the charge, there cannot be a case. You must please release me today or grant me bail,” he pleaded.
Responding, the prosecution counsel, Chief Adegboyega Awomolo, SAN, urged the court to adjourn for judgment, arguing that Kanu’s position amounted to resting his case on points of law.
“He has taken his objection as his defence. The prosecution will respond, and the court can proceed to judgment,” Awomolo said.
Justice Omotosho, however, clarified that Kanu’s argument,that the charge was invalid, was itself a form of defence and advised the IPOB leader to seek legal guidance before proceeding further.
“I am begging you, in the name of God Almighty, to consult people knowledgeable in criminal law. You are educated, but you are not a lawyer. Please make adequate consultation. Criminal prosecution is not like every other case,” the judge cautioned.
Justice Omotosho added that after Kanu dismissed his legal team, the court had considered referring the case to the Legal Aid Council or a pro bono lawyer, but Kanu declined, insisting on self-representation.
“I still have a duty to explain the consequences of your decision because you are not a lawyer,” the judge said.
The court then granted Kanu four days from Monday to infile and serve his written address on the prosecution, which will also have time to file a reply.
Justice Omotosho adjourned the matter to November 4, 5, and 6 for the adoption of written addresses or, if Kanu changes his mind, for him to open his defence.
Edited by Dada Ahmed.
