Nnamdi Kanu on Monday declined to begin his defence in the terrorism case filed against him by Federal Government.
Gatekeepers News reports that the leader of Indigenous People of Biafra (IPOB) said that there are no legitimate charges under Nigerian law to justify his continued trial.
At the resumed sitting before Justice James Omotosho of the Federal High Court in Abuja, Kanu who dismissed his legal team and chose to represent himself, said he had reviewed the case documents and found no valid basis for the prosecution.
He said, “Join me in praising God. I have gone through my case file, and there is no charge against me.”
“There is no extant law in this country upon which the prosecution can predicate the charges against me. 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. I urge you to release me today or grant me bail.”
Justice Omotosho, however, explained that in a criminal proceeding, once the prosecution closes its case, the defendant may file a no-case submission, present a defence, or choose to rely on the prosecution’s case. The judge cautioned Kanu that refusing to enter a defence carries serious legal implications.
Kanu, nonetheless, insisted that he is being unlawfully detained. He argued again, “I am being detained under a fraudulent charge that the Supreme Court has said ought not to be”, and asked the court to release him on health grounds.
Responding, Adegboyega Awomolo, counsel for Federal Government, said since the defendant has chosen not to present a defence, the prosecution considers its case closed and requested the court to fix a date for judgment.
Justice Omotosho reiterated that he has a duty to ensure fairness, particularly because Kanu is unrepresented. He said, “I’m taking my time to explain all these to the defendant because I know it’s my responsibility to do so since he has no legal representation, and I know God will hold me responsible if I don’t.”
The judge subsequently adjourned the case to November 4, 5, and 6, allowing Kanu one week to consult experienced criminal lawyers.
He added that if Kanu fails to open his defence within that period, the court will proceed with final written addresses and deem him to have relied on the prosecution’s case.
