‘I have no case to answer’ – IPOB Leader Nnamdi Kanu insists

For the fourth time, the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has refused to open his defence in the seven-count terrorism charge filed against him by the Federal Government.

During Tuesday’s proceedings, Kanu, who is representing himself after dismissing his team of lawyers, maintained that he has no case to answer.

He insisted there was no valid charge before the court, arguing that without a legal foundation, he could neither present a defence nor exchange written addresses with the prosecution.

Kanu urged the presiding judge to take judicial notice of his motion and supporting affidavit challenging the court’s jurisdiction to continue his trial.

He claimed the alleged offences were not recognized by any existing Nigerian law and demanded his immediate release from the Department of State Services (DSS) custody, where he has been detained since 2021.

“You cannot ask me to begin my defence when you have not stated the law under which I am being charged,” Kanu said.

“The records of this court show there is no law backing these charges. I request to be released. My Lord, please take judicial notice of all the records before this court.”

Citing Section 36(12) of the 1999 Constitution, Kanu argued that his trial violates constitutional provisions and a Supreme Court judgment condemning his extraordinary rendition from Kenya.

He added, “In Nigeria today, the Constitution is the supreme law; there is no provision for terrorism offences in the Constitution.”

“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 The Terrorism Prevention and Prohibition Act has been repealed. I cannot put in a defence under a repealed law.”

When reminded that the Supreme Court had ordered a fresh trial, Kanu maintained his stance that being tried under what he called a “non-existent law” amounts to a violation of his fundamental rights.

In response, prosecution counsel Chief Adegboyega Awomolo (SAN) argued that the documents filed by Kanu lacked legal weight and urged the court not to waste further time on the matter. He asked the judge to treat Kanu’s filings as his final written address so the case could proceed to judgment.

Justice James Omotosho, however, dismissed the prosecution’s objection and ruled that the court would consider the defendant’s documents.

He noted that since Kanu is not a lawyer, the court would give him one more opportunity to seek legal counsel.

The judge warned that if Kanu failed to present his defence within the allotted time, his right to do so would be forfeited.

The matter was adjourned to Wednesday for Kanu to either open his defence or have it closed.

It will be recalled that Kanu had earlier requested a 90-day period to bring 23 witnesses, including several high-profile figures such as Governors Hope Uzodimma and Babajide Sanwo-Olu, FCT Minister Nyesom Wike, former Attorney-General Abubakar Malami, and ex-Army Chief Tukur Buratai.

However, on the day scheduled for his defence, Kanu withdrew his request and refused to proceed.

The court had earlier dismissed Kanu’s no-case submission, ruling that the prosecution had established a prima facie case against him.

The Federal Government accuses him of leading a separatist campaign calling for the secession of Nigeria’s South-East region and inciting violence through various broadcasts.

Kanu has continued to plead not guilty to all charges.

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