The Federal High Court in Abuja has warned that it may close the defence of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), if he fails to open his defence in his ongoing trial for alleged terrorism offences.
Presiding judge, Justice James Omotosho, issued the warning on Tuesday after Kanu again declined to begin his defence, the fourth consecutive hearing in which he has refused to do so.
The court had earlier dismissed Kanu’s no-case submission and directed him to either file his final written address or open his defence.
When the case resumed, Kanu, who is representing himself after dismissing his lawyers, informed the court that he had not filed a written address but had instead submitted a motion and affidavit challenging the validity of the charges.
“I will not enter any defence because there is no valid charge known to law pending against me,” Kanu told the court, demanding his release. “I will not return to detention.”
Kanu argued that the law under which he is being tried has been repealed and that the Supreme Court’s directive, delivered through Justice Lawal Garba, has not been implemented.
He maintained that the criminal code forming the basis of the charges “does not exist,” adding that “the very charge upon which the entire ruling was based does not exist.”
In response, Adegboyega Awomolo (SAN), counsel for the prosecution, objected to Kanu’s new filings, describing them as an attempt to delay the proceedings.
He told the court that the documents served on the prosecution were not properly filed, as they lacked the court’s official stamp and required signatures.
Awomolo said, “My Lord, what we received was a document titled ‘motion on notice and final address of the defendant.’ It carries no court stamp and no signature from any revenue officer. Such a document has no legal effect.”
Awomolo added that the prosecution had already addressed all the issues raised by Kanu including those on the repealed law and his rendition from Kenya in its final written address.
He urged the court to treat Kanu’s filings as his final address and proceed to judgement.
Justice Omotosho declined the request, saying Kanu’s documents would be considered at the proper stage. He noted that although Kanu has the right to represent himself, he should be given another opportunity to seek legal advice before continuing.
“If the Supreme Court did not intend for you to face trial, it would not have returned the case for retrial,” Justice Omotosho said.
Read also: Court gives Nnamdi Kanu 7 days to file final written address after waiving defence
“You remain presumed innocent under the law, but you must now open your defence.”
The court adjourned the matter to November 5, 2025, granting Kanu a final chance to either open his defence or properly file his written address.
The judge warned that if he fails to do so, the court will consider his right to defence waived and may proceed to judgment based on the prosecution’s case.
Kanu has been in the custody of the Department of State Services (DSS) since 2021, following his rendition from Kenya.
His trial continues to attract attention, with debates over due process, fair hearing, and the legality of the charges.
