The Federal High Court in Abuja, on Tuesday, granted the leader of the Indigenous People of Biafra, Nnamdi Kanu, until November 5 to defend the terrorist accusations filed against him or risk waiving his right to do so.
The trial judge, Justice James Omotoso, advised Kanu to confer with criminal law experts or to legally appoint a lawyer to represent him in court.
Justice Omotosho’s judgment came after Kanu’s repeated refusal to launch his case, claiming that no legal accusation was pending against him.
Kanu, who represented himself in court on Tuesday, said he would not return to custody unless the charges against him were properly presented.
He claimed that his ongoing imprisonment by the Department of State Services was illegal and that he had not broken any recognized laws.
He further accused the court of disrespecting the Supreme Court’s decision, which he claims condemned his extraordinary rendition from Kenya.
He demanded that the trial judge release him immediately from detention.
When reminded that the Supreme Court had ordered a new trial, Kanu reiterated his belief that the terrorist allegation was unlawful and incompetent.
He contended that there was no existing law in Nigeria that created a terrorism offense, citing Section 36(12) of the 1999 Constitution.
“In Nigeria today, the Constitution is the supreme law. There is no valid charge against me. I will not go back to detention today. The Terrorism Prevention and Prohibition Act has been repealed. I cannot defend myself under a repealed law,” Kanu said.
He also challenged any lawyer to show him a valid charge, urging the court to “take judicial notice” of what he claimed was the repeal of the terrorism law.
“I cannot be tried under a law that has been repealed. Prosecuting me under such a law is a violation of my fundamental rights,” he insisted.
After many attempts to persuade him to lodge his defense, Justice Omotosho delayed hearings until November 5, 2025, giving Kanu one more chance to either defend the case or waive his right to do so.
During the hearing, counsel for the Federal Government, Adegboyega Awomolo (SAN), informed the court that some documents served on him by Kanu were unsigned and had not been endorsed by the court, arguing that they had no evidentiary value.
