Court Warns Nnamdi Kanu: May Lose Right to Defence If He Fails to Proceed

A Federal High Court sitting in Abuja has warned the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, that he risks losing his right to defend himself if he fails to open his defence at the next adjourned date.

Justice James Omotosho issued the warning on Tuesday after Kanu, for the fourth consecutive time, failed to open his defence in his ongoing terrorism trial. This follows the court’s earlier ruling which dismissed his no-case submission after the prosecution had closed its case.

The judge stated that if Kanu fails to open his defence on November 5, he would be deemed to have waived his right to do so.

Earlier, the court had adjourned on October 27 for the defendant to either file his final written address or commence his defence. However, at Tuesday’s proceedings, Kanu informed the court that instead of a written address, he filed a motion and a supporting affidavit, insisting that there was no valid charge pending against him.

He declared that he would not enter any defence, arguing that the charges lacked legal validity. Kanu also told the court that he should be released immediately, saying he would not return to detention since, in his view, there was no legitimate basis for his continued trial.

Responding, prosecuting counsel Adegboyega Awomolo (SAN) challenged the competence of the documents filed by Kanu, describing them as irregular and improperly submitted. He accused the defendant of deliberately wasting the court’s time and urged the court to treat the documents as his final written address so the matter could proceed to judgment.

In his ruling, Justice Omotosho held that the documents were properly before the court and would be considered at the stage of judgment. He also noted that since Kanu is not a lawyer, he should be given one last opportunity to consult legal counsel for proper guidance.

The court subsequently adjourned the case till November 5, 2025, warning that failure to open his defence on that date would mean forfeiting the right to do so.

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