THE detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has withdrawn his earlier plan to call witnesses in his ongoing terrorism trial before the Federal High Court in Abuja, insisting that the Federal Government has failed to establish any case against him.
Kanu, who faces a seven-count charge bordering on terrorism, treasonable felony, and incitement, told the trial judge, James Omotosho, that after reviewing his case file, he found no valid evidence to warrant a defence.
The development comes just days after he dismissed his legal team led by former Attorney-General of the Federation, Kanu Agabi, a senior advocate, opting instead to represent himself.
The court had adjourned on October 24 for Kanu to open his defence, following his earlier application indicating readiness to call witnesses and requesting witness summons.
However, at the resumed sitting on Monday, October 27, Kanu informed the court that he would not proceed with any defence, arguing that the charges were unlawful and unsupported by credible evidence.
The judge Omotosho advised Kanu to file a formal written address stating his position and serve the prosecution accordingly. The judge also urged him to consult criminal law experts to understand the implications of his decision, noting that the court would not revisit preliminary objections already determined in earlier proceedings.
The court adjourned the case to November 4, 5, and 6, for the adoption of final written addresses. The sessions will determine whether Kanu’s no-case submission will stand or if he will be required to enter his defence.
On October 23, Kanu dismissed his team of senior lawyers, including Agabi, a senior advocate and informed the court that he would personally handle his case. During that session, Agabi formally withdrew his appearance after Kanu announced in open court that he no longer required their services.
Omotosho had offered to assign a court-appointed lawyer to assist Kanu, but he declined, stating that he would represent himself “for now.” The judge then ordered him to open his defence on October 24, warning that failure to do so might be interpreted as a forfeiture of his right to defence.
In the same session, Kanu accused the Federal Government of contempt of court for failing to obey the Court of Appeal judgment of October 2022, which had discharged and acquitted him. He maintained that the government lacked both moral and legal standing to continue prosecuting him while disobeying subsisting court orders.
He also challenged the authenticity of a medical report used to certify him fit for trial, describing it as ‘forged’ because it was dated before the court’s order for a medical evaluation.
Kanu was first arrested in 2015 over allegations of treasonable felony, unlawful broadcasting, and incitement linked to his leadership of IPOB, which is agitating for the secession of Nigeria’s South-East region. After being granted bail in 2017, he fled the country when his home in Abia State was raided by the military.
He was re-arrested in Kenya in 2021 and extradited to Nigeria under circumstances later described by the Court of Appeal as a violation of international law. Although the court discharged him in October 2022, the Federal Government appealed to the Supreme Court, which ruled in December 2023 that the trial could continue.
Since then, Kanu has remained in the custody of the State Security Service (SSS), despite several court rulings directing his release or improvement of his detention conditions.
Charges against Kanu include allegations of terrorism, treasonable acts, and incitement against Nigerian authorities through his broadcasts. His trial has been marked by repeated adjournments, disputes over a fair hearing, and questions about his health.
A report by the Nigerian Medical Association (NMA), which declared him fit to stand trial, has been a subject of contention after Kanu described it as falsified.
A reporter with the ICIR
A Journalist with a niche for quality and a promoter of good governance