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Court Threatens Kanu Over Failure To Open Defence

MixCollage 13 Nov 2023 06 25 PM 1268

The Federal High Court in Abuja has issued a stern warning to the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, over his continued refusal to open his defence in his ongoing terrorism trial.

Justice James Omotosho warned on Tuesday that if Kanu fails to begin his defence on November 5, the court will foreclose his right to do so and proceed accordingly.

The warning came after Kanu, for the fourth consecutive sitting, failed to enter his defence, even after the prosecution had closed its case and the court had dismissed his no-case submission.

Justice Omotosho, who expressed concern over the repeated delay, said the court would no longer entertain excuses from the defendant.

“The defendant has been given adequate time to prepare. If by November 5 he fails to open his defence, he will be deemed to have waived his right,” the judge ruled.

The court had earlier adjourned proceedings on October 27 for Kanu to either file his final written address or proceed with his defence.

At Tuesday’s resumed hearing, Kanu, who is representing himself, told the court that he had not filed the required written address but had instead submitted a new motion and a supporting affidavit.

He insisted that there was no valid charge pending against him, describing the ongoing trial as a nullity.

Kanu declared in court, “I will not enter any defence because there is no valid charge known to law against me.

“I should not be detained any further. I want to be released immediately because there is no lawful basis for this trial.”

He further argued that continuing the proceedings amounted to a violation of his constitutional rights.

Lead prosecuting counsel, Adegboyega Awomolo (SAN), criticised Kanu’s approach, accusing him of deliberately attempting to waste the court’s time.

Awomolo described the documents recently filed by the defendant as procedurally defective and urged the court to treat them as his final address.

“The defendant is only interested in dragging the matter endlessly. We urge the court to deem the documents he filed as his final written address and adjourn for judgment,” Awomolo submitted.

Judge Grants Final Opportunity

In his ruling, Justice Omotosho held that the documents filed by Kanu were properly before the court and would be considered at the stage of judgment.

Acknowledging that Kanu is not a legal practitioner, the judge said it was necessary to give him another opportunity to consult a lawyer and prepare his case.

“The court takes judicial notice that the defendant is not a lawyer. He is therefore given one final opportunity to consult counsel and enter his defence,” the judge said.

Justice Omotosho then adjourned the case until November 5, warning that failure by the defendant to act by that date would result in his right to defence being deemed forfeited.


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