Court Orders Nnamdi Kanu To Open Defence Within 24 Hours

The Federal High Court in Abuja has directed the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to commence his defence on Friday, October 24, in the terrorism case filed against him by the Federal Government.

Justice James Omotosho, who issued the order on Thursday, warned that failure by Kanu to open his defence as scheduled would amount to forfeiting his right to do so under the law.

The development followed Kanu’s insistence on representing himself in the matter and his plea for a three-month adjournment to prepare adequately for the trial. However, the judge rejected the request, reminding the defendant that the case had been slated for accelerated hearing and that the schedule remained binding.

Despite the court’s position, Kanu maintained that the trial could not proceed, arguing that the court lacked jurisdiction to hear the case. He cited what he described as four “jurisdictional defects,” insisting that his continued detention violated the judgment of the Court of Appeal, which had earlier discharged him.

“The Federal Government is in contempt of the Court of Appeal. I was discharged but remained in detention for 14 more months,” Kanu told the court. “A contemnor cannot come before the court seeking justice when it has defied the law itself.”

He further alleged that the medical report used by the court to declare him fit for trial was fabricated, noting that the report was dated before the actual court order authorising his medical evaluation. He argued that no blood or urine samples were ever taken, describing the report as “forged and unreliable.”

Kanu also accused the authorities of denying him adequate access to his lawyers throughout his detention. “If not for Your Lordship’s compassion in granting us three hours for consultation today, I would have been forced to defend myself in a capital case without proper legal guidance,” he said.

In his response, prosecution counsel, Adegboyega Awomolo (SAN), dismissed Kanu’s arguments, stating that they lacked legal basis and were merely attempts to stall proceedings. He noted that the defence’s repeated jurisdictional objections had already been resolved by the court.

Justice Omotosho, while ruling, reiterated that all preliminary objections would be addressed at the appropriate stage, not during the defence’s opening. He cautioned Kanu to utilise the opportunity provided by the court to present his case, warning that any further delay would be treated as a waiver of his defence rights.

At a point during proceedings, Senior Advocate of Nigeria, Dr Onyechi Ikpeazu, who was present in court, sought permission to speak as amicus curiae (a friend of the court). He appealed for a brief adjournment to allow Kanu to “compose himself and prepare adequately” before entering his defence.

But Justice Omotosho ruled that any such application must come directly from Kanu, noting that he had opted to represent himself. “The defendant must either proceed with his defence or waive the right to do so. The choice is his,” the judge said.

Kanu, however, insisted that he required more time to organise his witnesses and review his materials, emphasising the gravity of the charges against him.

The judge, unmoved, reaffirmed his earlier order that Kanu must open his defence without fail on Friday, October 24.