Abuja, Nigeria — The Federal High Court in Abuja has adjourned the trial of Biafra agitator Nnamdi Kanu to Wednesday, November 5, giving him a final opportunity to open his defence or waive his right to do so.
The presiding judge, Justice James Omotosho, made the ruling following Kanu’s continued refusal to present his defence in the ongoing terrorism case, maintaining that there is no valid legal basis for the charges against him.
Kanu Challenges the Legality of His Trial
At Monday’s hearing, a visibly agitated Nnamdi Kanu questioned the legality of the proceedings, demanding that the court specify the law under which he is being tried.
“Tell me by what law I am being tried. If that is not stated, I will not return to DSS custody,” he declared.
Kanu insisted that he could not be tried “unless the law is written,” and therefore maintained his refusal to open his defence.
Judge Warns Defendant on Legal Options
Setting the record straight, Justice Omotosho reminded the defendant that, having lost his no-case submission, he has only two legal options — to open his defence or rest on the prosecution’s case.
“At this stage, the defendant can either open his defence or rest on the prosecution’s submissions. The implications are clear,” the judge said.
The judge dismissed Kanu’s reliance on Section 36(12) of the Constitution, which states that no one shall be convicted for an offence not defined by law. Justice Omotosho clarified that the section does not apply at this stage of the proceedings, as the case is yet to reach the point of conviction or sentencing.
Extraordinary Rendition Argument Rejected
Justice Omotosho also noted that Kanu’s claim of extraordinary rendition had no bearing on the current trial, stressing that no evidence, either oral or documented, was presented to support that argument.
Prosecution Accuses Kanu of Stalling
Lead prosecutor, Adegboyega Awomolo (SAN), accused Kanu of “playing to the gallery and social media,” urging the court to adjourn for judgment since the defendant had repeatedly refused to open his defence.
“The case has reached a point where the court should no longer play the bishop by constantly urging him to get counsel,” Awomolo said, adding that judicial time must be used efficiently.
Following the submissions, Justice Omotosho adjourned the proceedings to Wednesday, November 5, describing it as a potentially defining moment in the high-profile terrorism case that has spanned nearly a decade.