Alleged Terrorism: I Have No Case to Answer, Release Me — Nnamdi Kanu

ABUJA — The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Monday, again refused to open his defence in the seven-count terrorism charge filed against him by the Federal Government, insisting he has no case to answer.

At the resumed hearing, Kanu, who dismissed his legal team and is representing himself, maintained that there was no valid charge before the court, arguing that it lacked the legal basis to compel him to present a defence or exchange final written addresses with the prosecution.

He urged the judge to take judicial notice of his motion and supporting affidavit challenging the court’s jurisdiction to try him for what he described as an offence unknown to Nigerian law.

Kanu demanded his immediate release from the custody of the Department of State Services (DSS), where he has been held since 2021, saying:
“You cannot ask me to begin my defence when the charge has no legal foundation. There’s no law backing these charges. I request to be released.”

Citing Section 36(12) of the 1999 Constitution, Kanu argued that the terrorism charge against him has no legal basis, further accusing the court of ignoring a Supreme Court ruling that condemned his alleged extraordinary rendition from Kenya.

When reminded that the apex court had ordered a fresh trial, Kanu maintained his stance, stating that he could not be tried under a repealed law. “There’s no valid charge against me. I will not return to detention unless I’m shown a lawful charge. Prosecuting me under a repealed law violates my fundamental rights,” he said.

Prosecution counsel, Chief Adegboyega Awomolo (SAN), however, challenged the competence of Kanu’s filed documents, describing them as lacking evidential value and urging the court not to indulge him further. He prayed the court to treat the documents as Kanu’s final written address to allow judgment to proceed.

In a brief ruling, Justice James Omotosho dismissed the prosecution’s objection, ruling that Kanu’s documents would be considered in the final judgment. The judge acknowledged that Kanu is not a lawyer and granted him additional time to consult legal counsel, warning that failure to present a defence within the allotted time would result in forfeiture of that right.

The case was adjourned to Wednesday for continuation.

It will be recalled that on October 24, the court directed Kanu to open his defence. Although he had earlier listed several prominent individuals, including governors, ministers, and security chiefs, as witnesses, he later withdrew his plan to call them.

Kanu had previously requested 90 days to secure their testimony but later backtracked. The court had earlier rejected his no-case submission, ruling that the prosecution’s evidence was sufficient to warrant a defence.

The Federal Government accuses Kanu of leading a separatist movement seeking the secession of Nigeria’s South-East region and of inciting violence through his broadcasts. Kanu maintains his innocence.