Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), has asked the Court of Appeal in Abuja to halt proceedings in his terrorism trial before Justice James Omotosho of the Federal High Court.
Kanu is facing a seven-count charge related to alleged terrorism.
Justice Omotosho scheduled November 20 for judgement after Kanu’s defence was foreclosed, as he refused to present it on the basis that the charges were under repealed laws.
In a motion filed on November 12, Kanu, representing himself, prayed the appellate court to stay proceedings in case number FHC/ABJ/CR/383/2015: Federal Republic of Nigeria vs. Nnamdi Kanu, pending the determination of his appeal.
He asked the Court of Appeal to review the trial court’s handling of his no-case submission, its refusal to rule on jurisdictional questions, and the validity of the charges.
Kanu also argued that the trial court denied him the right to defend himself by presenting witnesses, insisting that any objections would only be addressed during judgment.
Kanu warned that if the appellate court does not intervene, he could be convicted without the opportunity to challenge the charges or defend himself.
He noted that the trial has been ongoing since 2015 and argued that a temporary suspension would not prejudice either party and would allow the case to be decided on its merits.
Kanu also questioned the legality of the charges, based on the Terrorism (Prevention) (Amendment) Act, 2013, and the Customs and Excise Management Act, Cap C45 LFN 2004, which he says have been repealed.
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He claimed that the trial court’s failure to take judicial notice of the repeal renders the proceedings invalid.
He further alleged a conspiracy against him, claiming British authorities intended his conviction, though Justice Omotosho said he had no knowledge of this claim and was not the judge when Kanu was first referred.
Kanu has insisted he will only testify after being informed under which law he is being tried.
Justice Omotosho ruled that Kanu had waived his right to defend himself after exhausting six days allocated for his defence and adjourned the case to November 20 for judgment.
