Justice James Omotosho of the Federal High Court, Abuja, has given the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, until Monday, October 27, to open his defence in the terrorism charges filed against him by the Federal Government.
Gatekeepers News reports that the judge fixed the new date on Friday following Kanu’s complaint that his former legal team, led by ex-Attorney General of the Federation and Minister of Justice, Kanu Agabi (SAN), had yet to release his case file for review.
When the matter was called, the prosecution counsel, Adegboyega Awomolo (SAN), announced his appearance for the Federal Government and informed the court that the day’s proceedings were scheduled for Kanu to begin his defence, as earlier ordered. However, no lawyer represented Kanu in court.
Clutching a bundle of documents, Kanu personally announced his appearance and told the court that his legal team, which he disengaged on October 23, had not handed over his case file. He therefore sought an adjournment to enable him to obtain and study the file in preparation for his defence.
Kanu also informed the court of his intention to call 23 witnesses, both from within and outside Nigeria. He urged the court to direct the Department of State Services (DSS) to allow his foreign witnesses access to him and to permit his lawyers to visit him on non-working days — a request Justice Omotosho granted.
In response, Awomolo described Kanu’s complaint as “strange,” recalling that the IPOB leader had earlier spent several hours in court with his former lawyers. He reminded the court that Kanu had been granted six days to open and close his defence and urged that the timeline be strictly adhered to.
Justice Omotosho expressed disbelief over the claim that Agabi’s team withheld the case file but nonetheless granted the adjournment. He cautioned against further delays, warning that “many other cases have suffered setbacks because of the prolonged proceedings in Kanu’s trial.”
The case was adjourned till Monday, October 27, for Kanu to open his defence.
Meanwhile, in a fresh notice of objection filed before the court, Kanu is seeking several declarations and orders, including:
• A declaration that his continued prosecution under the repealed Terrorism (Prevention) Amendment Act 2013 and on the basis of a proscription order obtained ex parte and without fair hearing violates sections 1(3), 36(1)-(12), and 42 of the Constitution and Articles 7 and 26 of the African Charter, rendering it null and void.
• A declaration that the ex parte proscription of IPOB, obtained while Justice Binta Nyako’s ruling that IPOB is not a lawful society remained subsisting, is unconstitutional and cannot ground criminal liability.
• An order striking out or permanently staying counts one to eight (except count 15) of the amended charge dated January 14, 2022, for constituting double jeopardy.
• An order declaring that his extraordinary rendition from Kenya, without extradition proceedings or due process, violated constitutional and statutory provisions, thereby robbing the court of jurisdiction.
• An order nullifying all proceedings allegedly conducted in breach of his right to fair hearing, including the seizure of legal materials and denial of confidential access to counsel.
