Court gives Nnamdi Kanu 7 days to file final written address after waiving defence

The Federal High Court in Abuja has granted Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seven days to file his final written address in his ongoing trial for alleged terrorism, following his decision not to present a defence.

Justice James Omotosho approved Kanu’s request for a week to submit the written argument after dismissing his earlier no-case submission.

Kanu had previously indicated plans to call 23 witnesses, including Nigerians and foreigners, to testify in his defence.

In a motion filed on October 21 and signed by him, he divided the witnesses into two groups those he described as “ordinary but material” and others as “vital and compellable” to be summoned under Section 232 of the Evidence Act, 2011.

He had also requested 90 days to complete his defence due to the number of witnesses.

However, on Thursday, Kanu dismissed his legal team led by Kanu Agabi, SAN, and opted to represent himself. The court adjourned the case to Friday for him to begin his defence.

When the matter resumed, Kanu told the court that his former lawyers had not yet handed over his case file, prompting another adjournment until Monday.

Expecting him to begin his defence, the court reserved several seats labelled “summoned witness.”

At Monday’s hearing, Adegboyega Awomolo, SAN, appeared for the prosecution, while Kanu represented himself. Awomolo noted that the day was scheduled for the defendant to open his defence.

Kanu, standing in the dock, said he had reviewed the case file and found no valid charge against him, arguing that the prosecution had no legal basis for the case.

“There is no case against me. If there is no case, it would be pointless to present a defence,” he told the court.

Justice Omotosho explained that once the prosecution closes its case, a defendant may make a no-case submission, present a defence if overruled, or rest on the prosecution’s case and file a final written address.

He further clarified that if a defendant chooses not to present a defence, they may file a written address to which the prosecution will respond before judgment.

Kanu maintained that there was no valid charge against him. The judge reminded him that his earlier ruling held that Kanu had a case to answer.

Kanu then asked for a week to file a written submission asserting that no valid charge existed and that his continued detention and trial were unjustified.

He also requested release or bail.

Awomolo argued that Kanu’s decision not to present a defence meant the case was effectively concluded.

He noted that Kanu had pleaded not guilty, cross-examined witnesses, and participated in the proceedings, but now declined to proceed further.

Awomolo urged the court to adjourn for judgment, stating that Kanu’s argument amounted to a legal defence based on points of law.

Justice Omotosho observed that Kanu’s position challenged the validity of the charge, which still constituted a form of defence.

Read also: Nnamdi Kanu sacks legal team, opts to defend himself in court

He directed Kanu to present his arguments in writing and advised him to seek guidance from legal professionals before proceeding.

“I urge you to consult people knowledgeable in criminal law,” the judge said. “You are educated, but you are not a lawyer. This is a criminal trial; please seek proper advice.”

The judge noted that after Kanu dismissed his lawyers, he considered assigning the case to the Legal Aid Council or a lawyer willing to act pro bono, but Kanu refused and insisted on representing himself.

Omotosho said he had a duty to explain the implications of that choice.

The court granted Kanu four working days from Monday to file his written address and serve it on the prosecution, which will then file its reply.

The matter was adjourned to November 4, 5, and 6 for the possible adoption of final addresses or for Kanu to open his defence if he changes his mind.