By Correspondent in Abuja.
(C) Google.
The Federal High Court in Abuja has again urged the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to open his defence in the ongoing trial over alleged terrorism offences.
Justice James Omotosho, who presided over the matter on Tuesday, cautioned Kanu about the implications of his continued refusal to enter his defence and advised him to seek proper legal guidance.
The development came after Kanu maintained that there was no valid charge against him, insisting that the law under which he is being tried had been repealed.
Appearing for himself, Kanu argued that the Supreme Court’s directive delivered by Justice Lawal Garba had not been properly implemented in his case contending that the apex court’s ruling did not affirm the validity of the repealed terrorism law under which he was charged.
“My lord, the very charge upon which the entire ruling was based does not exist. Even as I came to this court today, there is no charge against me,” Kanu said.
Responding, the prosecution counsel, Chief Adegboyega Awomolo, SAN, informed the court that they were served on Friday with what he described as a “piece of paper” titled motion on notice and final address of the defendant.
“My lord, the document we were served has no stamp of the court, no signature of a revenue collector, and therefore carries no legal weight. According to the Supreme Court, an unsigned document is worthless,” Awomolo said.
He added that the prosecution had already addressed all ten issues raised by Kanu ,including the repealed law and alleged extraordinary rendition , in its final written address and was ready to proceed to judgment.
Justice Omotosho, however, granted Kanu more time to consult legal experts, emphasizing that the court would not deny him a fair hearing, telling Kanu that if the Supreme Court had wanted to terminate his trial, it would not have remitted the case for retrial.
“You are still presumed innocent under the law, but you must enter your defence. The court cannot wait indefinitely,” the judge said.
He warned that if Kanu fails to open his defence at the next adjourned date, he would be deemed to have waived his right to do so.
Justice Omotosho then adjourned the matter until November 5 for Kanu to open his defence.
Our correspondent recalls that the court had earlier adjourned the matter on October 27 to enable Kanu to either file his final written address or commence his defence.
Edited by Dada Ahmed.
