Nnamdi Kanu has lost his right to open his defence in his terrorism trial as a Federal High Court in Abuja fixes 20 November for judgment

Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), has lost his right to open a defence in his terrorism trial after failing to utilise the time granted by the court.

Also read: Abuja court sets November 20 for Nnamdi Kanu judgment

Justice James Omotosho of the Federal High Court in Abuja ruled on Friday that Kanu had waived his constitutional right to a fair hearing by refusing to defend himself within the six days allocated for that purpose.

The judge subsequently fixed 20 November for final judgment in the case.

In a firm but reflective ruling, Justice Omotosho said Kanu could not claim to have been denied justice when he chose not to seize the opportunity to present his defence.

He likened the situation to the biblical account of Adam, who was given a chance to explain himself before judgment was passed.

“The defendant has been given ample opportunity to defend himself,” the judge declared. “I hold that the defendant has waived his right to open his defence.”

The judge noted that Kanu had been represented by lawyers since the proceedings began on 29 March, adding that his legal team had participated actively during the prosecution’s presentation of evidence.

He emphasised that Kanu’s repeated refusals to proceed with his defence left the court with no choice but to close the case.

Fresh Motion on Jurisdiction

Earlier in the day, Kanu moved a fresh motion dated 6 November but filed on 7 November, challenging the court’s jurisdiction to continue with the trial.

He argued that the charges against him were invalid as they were based on repealed laws namely, the Terrorism (Prevention) (Amendment) Act 2013 and the Customs and Excise Management Act 2004.

Kanu alleged a conspiracy involving British authorities aimed at securing his conviction, insisting that his trial was politically motivated.

He urged the court to strike out the charges and order his immediate release, claiming that his plea of “not guilty” was obtained under coercion and therefore void.

Prosecution’s Reply

Responding, prosecution counsel Adegboyega Awomolo (SAN) dismissed Kanu’s argument and urged the court to treat his motion as his defence.

He pointed out that Kanu had legal representation when he entered his plea and that his team actively cross-examined witnesses during the prosecution’s case.

Awomolo argued that the defendant’s claim of misunderstanding the charges was unfounded, noting that the court’s record showed Kanu later acknowledged understanding them before entering his plea.

Next Steps

Justice Omotosho ruled that all pending motions, including Kanu’s challenge to jurisdiction, would be determined alongside the final judgment on 20 November.

Kanu, who has been in custody since June 2021, faces multiple counts bordering on terrorism, incitement, and membership of a proscribed organisation.

Also read: Nnamdi Kanu letter urges Trump to probe south east killings

Despite the ruling, he thanked the court for what he described as its “fair and measured” handling of the case — a remark observers described as unusually conciliatory from the IPOB leader.