The Federal High Court in Abuja has, for the fourth time, given detained Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu, another opportunity to defend the terrorism charges filed against him by the Federal Government — or risk waiving his right to do so.
Justice James Omotosho adjourned the case until November 7, granting Kanu another chance to enter his defence after he again insisted that there were no valid terrorism charges against him and that he would not respond to a charge he deemed invalid.
Kanu is being tried on a seven-count charge bordering on terrorism. The prosecution closed its case on June 19, 2025, after calling five witnesses.
He was expected to open his defence but instead submitted that he had no case to answer. However, on September 26, 2025, the court dismissed his no-case submission, ruling that a prima facie case had been established against him and directing him to open his defence.
In late October, Kanu again failed to begin his defence, citing the refusal of his former lawyers to hand over critical documents. On November 4, he repeated that position, claiming there was no valid charge for him to answer.
At the resumed sitting on Wednesday, Kanu once more challenged the validity of the charges, arguing that there was nothing to defend under what he described as a repealed law.
Rather than addressing the court’s business of the day, he spent several hours arguing that the charges could not stand.
He contended that the Supreme Court, in its earlier ruling directing his trial, also ordered the Federal Government to amend the charge since the one currently before the court had been repealed.
He insisted that the government’s failure to amend the charge was a breach of the apex court’s directive and that no trial could proceed under such circumstances.
“The Terrorism Prevention and Prohibition Act has been repealed. I cannot put up a defence under a repealed law. I won’t do that,” he declared.
At this point, Justice Omotosho advised Kanu to “keep his gunpowder dry,” but Kanu declined, saying he saw no reason to proceed with his defence on the existing charge.
He later added that he was willing to open his defence but needed to consult with his legal consultants — Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara, and Mandela Umegborogu.
Based on this submission, the judge again urged him to work with legal practitioners familiar with criminal law to aid his defence.
Earlier, Federal Government counsel Adegboyega Awomolo (SAN) urged the court to enforce its prior order requiring Kanu to either open his defence or waive his right to do so.
However, Justice Omotosho said he was willing to exercise leniency once more to give the IPOB leader another opportunity to reconsider his position.
He stated that the adjournment was granted “in the interest of justice, both to the defendant and to the nation.”
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