Kanu insists no case established against him, seeks dismissal of terrorism charges
The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Monday told the Federal High Court in Abuja that no valid case had been made against him in the terrorism charges filed by the federal government.
Kanu, who appeared in court without legal representation, said after reviewing the case files, he found that there was “no extant law” under which the charges could stand. He therefore abandoned his earlier plan to call witnesses in his defence, insisting that it would be futile to do so when, according to him, there was no case to answer.
“I have gone through the case files and found that there is actually no charge against me,” Kanu told the court. “There is no case against me. If there is no case against me, it will be futile for me to enter any defence.”
The presiding judge, Justice James Omotosho, reminded the defendant that he had earlier ruled on a no-case submission and held that Kanu had a case to answer.
Justice Omotosho took time to explain to Kanu that under Nigerian law, a defendant has three options after the prosecution closes its case — to make a no-case submission, to enter a defence, or to rest on the prosecution’s case and file a written address.
“You have a right to choose,” the judge said. “But I advise you to consult experts who are knowledgeable in criminal prosecution to guide you on how to proceed. This is criminal prosecution, not economics.”
The judge stressed that he had a duty to explain the implications of Kanu’s choices because the defendant had decided to represent himself after dismissing his lawyers. He said he had previously considered referring the case to the Legal Aid Council, but Kanu refused, saying he would conduct his own defence.
Kanu seeks adjournment to file address
Kanu, maintaining his stance that the charges lacked merit, asked for a one-week adjournment to file a written address outlining why the court should dismiss the case.
“I need a week to file a written address to the effect that there is no charge against me,” he said. “If there is no extant law in Nigeria on which the charge could stand, there cannot be a case. You must please release me today or grant bail.”
Responding, the lead prosecuting counsel, Adegboyega Awomolo (SAN), said Kanu’s position effectively meant he had chosen not to put up any defence.
“I take it that the defendant said he is not putting in any defence because there is no valid charge against him,” Awomolo said. “That position concludes the defendant’s defence. The case has been brought to a close, and the court should adjourn for judgment.”
Justice Omotosho, however, ruled that Kanu’s stance amounted to a defence in law — that is, challenging the validity of the charges — and granted his request for time to file a written submission.
He adjourned the case to November 4, 5, and 6 for the adoption of written addresses or for Kanu to open his defence should he change his mind.
