Alleged terrorism: Court to foreclose Kanu’s defence today

A Federal High Court in Abuja has given the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, until Wednesday, November 5, to open his defence or risk waiving the alleged terrorism offences. Justice James Omotosho on Tuesday also directed Kanu to consult with criminal law experts to guide him in his chosen […]

A Federal High Court in Abuja has given the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, until Wednesday, November 5, to open his defence or risk waiving the alleged terrorism offences.

Justice James Omotosho on Tuesday also directed Kanu to consult with criminal law experts to guide him in his chosen self-defence.

The decision of the judge followed Kanu’s disengagement of his defence lawyers to enable him to defend himself personally, and later refusing to present his case, insisting there was no valid charge against him.

At the resumed hearing on Tuesday, Kanu told the court that he would not go back to the detention unless the charges against him are clearly shown to him.

Kanu maintained that his detention at the facility of the Department of State Service (DSS) was illegal and unlawful because there was no known law he had breached.

He accused the court of violating the Supreme Court judgment that condemned his extraordinary rendition from Kenya and demanded that the judge must unfailingly and immediately discharge him.

When reminded that the Supreme Court remitted the case for a fresh trial, he insisted that the terrorism charge against him was incompetent, invalid and illegal.

Citing Section 36(12) of the 1999 Constitution, Kanu said that there was no written law on terrorism offenses in Nigeria today, hence, there is nothing for him to defend.

“Terrorism Prevention and Prohibition Act has been repealed. I cannot put in defence under a repealed law. I won’t do that.

“Tell any lawyer to show me the valid charge. I appeal to you to please take judicial notice of the repeal of the terrorism charges. I am not ready to go back to detention today unless I am shown the valid charge against me.

“I cannot be tried under a law that has been repealed. A law that is not written in our Constitution. Prosecuting me under a repealed law is a violation of my fundamental right,” he maintained.

On his part, the prosecution counsel, Adegboyega Awomolo (SAN) drew the attention of the court to some documents Kanu served him, adding that the documents are worthless and have no probative value because they were not signed and endorsed by the court.

After much persuasion and his insistence not to defend the charge, Justice Omotosho, in a brief remark, shifted the further hearing till November 5 for Kanu to either enter his defence or waive his right to do so.