The Federal High Court in Abuja on Wednesday granted Biafra leader, Nnamdi Kanu, yet another chance to present his defence in his ongoing alleged terrorism trial or risk having his defence foreclosed.
Delivering the warning, trial judge James Omotosho emphasized his duty to give Mr. Kanu every reasonable opportunity to defend himself.
This development came just a day after the judge directed Kanu to open his defence, an instruction that has been repeated several times over the past month. Despite multiple adjournments granted to allow him to proceed, Kanu has maintained that there is no valid charge for him to answer.
“We had adjourned till today for the defendant to put in his defence or be deemed closed,” Mr. Omotosho said in his ruling.
“But I am bound to give him another opportunity to put in his defence. If he does not, I will deem him closed. I know that he is an economist and not a lawyer. I will give the last opportunity to the defendant to put in his defence, failure which he would be deemed closed,” the judge added before adjourning the matter to Friday, 7 November.
The ruling followed an application by the prosecution counsel, Adegboyega Awomolo (SAN), urging the court to foreclose Mr. Kanu’s defence due to his continued refusal to proceed.
What Led To Kanu’s Trial?
Nnamdi Kanu is currently standing trial on terrorism charges accusing him of inciting violence and killings in Nigeria’s South-east in pursuit of Biafra’s independence as a sovereign state.
The IPOB leader who holds both Nigerian and British citizenship has consistently denied the allegations, maintaining that he has a legitimate right to self-determination. He was expected to open his defence after the prosecution closed its case with five witnesses in June.
Rather than proceed, Kanu filed a no-case submission, arguing that the prosecution had not presented credible evidence to require him to mount a defence. But in September, the judge dismissed the submission, ruling that he indeed had a case to answer.
Since then, multiple court dates have been fixed for him to begin his defence, but the process took a dramatic shift last month when he abruptly dismissed his legal team and revived his objection to the validity of the charges.
He continues to argue that the charges were filed under a repealed terrorism law, insisting this renders the long-running case dating back to 2015 legally defective.
What Will Kanu’s Fate Be Without Presenting His Defence
Speaking to LN247 on the implications of Kanu’s stance, Barrister Don Akaegbu explained that the court is fully empowered to proceed based solely on the prosecution’s evidence if the defendant fails to respond.
According to him, “legally speaking, if Nnamdi Kanu chooses not to present a defence, the court can go ahead and decide the case based on the prosecution’s evidence alone.”
He noted that once the prosecution closes its case and a prima facie case has been established, the burden shifts to the defendant to respond.
Akaegbu further stated that “If he doesn’t, it means the court will only have one side of the story; the prosecution’s. Now, if that evidence is strong and proves guilt beyond reasonable doubt, the court could convict him”, he said.
However, he added that the absence of a defence does not automatically mean a conviction. “If there are gaps or inconsistencies in the prosecution’s case, the court still has the power to discharge and acquit him,” he clarified.
The legal expert concluded that declining to present a defence is “a risky choice,” as it means giving up the opportunity to challenge or clarify the prosecution’s evidence.
What The Court Expects Next From Nnamdi Kanu
Following Mr. Kanu’s continued insistence that the charges against him were invalid, Justice Omotosho reminded him of the importance of keeping his “gun powder dry” for the proper presentation of his defence. Kanu reiterated that he had no reason to open his defence on the current charges, but after the court’s advice, he eventually agreed to proceed.
He added that he would first need to consult with his four legal consultants; Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara, and Mandela Umegborogu. In response, the judge advised him to also consult lawyers who are specifically experienced in criminal law before the next adjourned date, which was set for Friday, 7 November.
Meanwhile, Justice Omotosho issued a caution to Mr. Kanu’s former lawyers, whom he now refers to as his consultants, after Mr. Awomolo raised concerns about their conduct. The judge warned them to operate strictly within the ethics of the legal profession. This follows their removal last month, when Kanu abruptly dismissed his legal team led by former Attorney-General of the Federation, Kanu Agabi.
Mr. Awomolo accused the consultants of granting media interviews and making subtle social media posts about the case. The consultants, who Kanu confirmed by name, were present in court on Wednesday and introduced themselves accordingly.
