Biafra
Court Forecloses Defence, Fixes November 20 for Nnamdi Kanu Judgment
The Federal High Court sitting in Abuja has fixed November 20, 2025, for judgment in the trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), who is facing charges bordering on alleged terrorism.
Justice James Omotosho, who presided over the case, set the date on Friday after foreclosing Kanu’s right to present his defence, following his repeated refusal to proceed under a law he claimed had been repealed.
“This court has given the defendant every opportunity required under Section 36 of the Constitution, and I will not allow this to continue. It is on this basis, without hesitation, that I hold that the defendant has waived his right,” the judge ruled.
Kanu had consistently declined to open his defence, insisting there was no valid charge against him and that his continued detention by the Department of State Services (DSS) was illegal.
The court had, on October 24, adjourned the matter to October 27 to allow Kanu commence his defence after he disengaged his legal team and opted to represent himself. On November 4, Justice Omotosho gave the defendant a final opportunity to open his defence or risk forfeiting his right to do so.
Despite the judge’s persuasion for him to engage legal counsel, Kanu maintained that the terrorism charges were unconstitutional, citing Section 36(12) of the 1999 Constitution to argue that there was “no written law establishing terrorism as an offence in Nigeria.”
At Friday’s proceedings, Kanu complained that he had been prevented from filing an important process. The judge subsequently directed that the court’s registry be temporarily relocated to the courtroom to enable the defendant file the document. Proceedings were stood down for one hour to complete the process.
Upon reconvening, Adegboyega Awomolo (SAN), counsel to the Federal Government, informed the court that he would rely on the exhibits already attached to the defendant’s motions rather than file a new response.
In one of his motions, Kanu asked the court to expunge his “not guilty” plea from the record, alleging that he was “deceptively arraigned” in violation of his constitutional rights. He also sought an order nullifying all proceedings in the case and demanding his immediate release.
Justice Omotosho, however, held that the defendant’s refusal to present his case amounted to a waiver of his right to fair hearing, having been given several opportunities to do so.
The court then adjourned the matter to November 20 for judgment.
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