Human rights lawyer Inibehe Effiong has described Mazi Nnamdi Kanu’s decision to abandon his plan to call witnesses in his ongoing terrorism trial as a “very risky gamble.”
Effiong made the remarks after the self-styled leader of the Indigenous People of Biafra (IPOB) informed the Federal High Court in Abuja on Monday that he would no longer call witnesses in his defence.
Reacting on X, Effiong said, “Kanu’s legal strategy is confusing at this point. The court had previously overruled his No Case Submission. It is no longer open to him to contend that he has no case to answer.”
Effiong outlined the options available to Kanu, saying, “He could either open his defence or rest his case on the prosecution’s evidence. By indicating that he will no longer open his defence, Kanu seems to be relying on the prosecution’s inability to prove the charges beyond reasonable doubt.
“If my assessment is incorrect, then there is palpable confusion. The law is clear that a defendant has no obligation to prove their innocence. Since Kanu pleaded not guilty, the court must now examine whether the prosecution has established the offences beyond reasonable doubt.
“Kanu’s decision will not be seen as an admission of guilt. However, the prosecution’s evidence will be considered unchallenged except where cross-examined. The court must still determine whether the prosecution has discharged its legal burden of proof.
“I don’t know who is advising Kanu or what his motivation is, but he is taking a very risky decision.”
Recall that the case, which was adjourned on October 24 until October 27 for Kanu to open his defence, had initially seen the IPOB leader request time to study his case file and apply for witness summons.
However, when proceedings resumed on Monday, Kanu stated that, having reviewed the file, he believed there was no valid charge against him.