The Federal High Court in Abuja, again on Wednesday, gave Biafra agitator Nnamdi Kanu another opportunity to either enter his defence in the ongoing alleged terrorism trial or be foreclosed.
Issuing the warning, trial judge James Omotosho said he has the duty as a judge to accord Mr Kanu sufficient opportunity to put in his defence.
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It came just a day after the judge gave Mr Kanu till today to open his defence, a scenario that has repeatedly played out in the last one month in the case.
The judge has severally adjourned the case in the last one month to keep the window of defence open, while Mr Kanu continues to stand his ground that there is no valid charge against him to defend.
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“We had adjourned till today for the defendant to put in his defence or be deemed closed,” Mr Omotosho said in a ruling.
“But I am bound to give him another opportunity to put in his defence. If he does not, I will deem him closed. I know that he is an economist and not a lawyer. I will give the last opportunity to the defendant to put in his defence, failure which he would be deemed closed,” the judge said and adjourned till Friday (7 November).
The ruling was on an application by the prosecution lawyer, Adegboyega Awomolo, a Senior Advocate of Nigeria (SAN), praying the court to foreclose Mr Kanu’s defence on Wednesday.
Mr Kanu is facing trial on terrorism charges which accuse him of inciting violence and killings in Nigeria’s South-east to achieve the independence of the region as a sovereign Biafra state.
The Nigerian and British citizen, who leads the now proscribed Indigenous People of Biafra (IPOB), has repeatedly denied wrongdoing. He insists he has a right to self-determination.
He has been due to open his defence after the prosecution closed its case with five witnesses in June.
Instead of opening his defence, he filed a no-case submission, arguing that the prosecution failed to lead credible evidence against him to warrant putting forward any defence.
However, in September, the judge dismissed the no-case submission, ruling that he had a case to answer and should enter his defence.
Since then, several proceedings have been scheduled for him to start his defence. Things took dramatic turns last month, when he suddenly sacked his lawyers and subsequently revived his objection to the validity of the charges.
He has clung to the arguments that the charges against him were brought under a repealed terrorism law, which he said invalidates the charges in the case that dates back to 2015.
No valid charges, Kanu insists
When called on to open his defence on Wednesday, Mr Kanu railed at the charges again.
He insisted he had nothing to defend because the law under which he was charged had been repealed.
He argued that the Supreme Court, in its judgement validating his trial, made it clear that the federal government must amend the charge, as the existing one was filed under a repealed law.
He said the charge had not been amended and that this failure violated the directive of the Supreme Court. According to him, the refusal to amend the charge is fatal to the case and no trial can proceed under a repealed law.
“Terrorism Prevention and Prohibition Act has been repealed. I cannot put in defence under a repealed law. I will not do that,” he said.
Prosecution’s call
Calling on the judge to foreclose Mr Kanu’s defence on Tuesday, the lead prosecuting counsel, Mr Awomolo, argued that the leader of the proscribed Indigenous People of Biafra (IPOB) leader had failed to enter his defence and having spent five out of the six days the court allocated to him to conduct his defence, an order should be made foreclosing same.
The senior lawyer observed that the court earlier on Tuesday adjourned till Wednesday (today) for Mr Kanu to enter a defence in his trial or be deemed to have waived his right to do so.
He further observed that at the resumption of proceedings on Wednesday, Kanu still declined to open his defence as ordered by the court.
Mr Awomolo urged the court to take note of the defendant’s position that he would not enter any defence because there is no valid charge against him.
He then prayed the court to foreclose Mr Kanu’s defence and adjourn for judgment.
Earlier, Kanu, who appeared for himself, addressed the court from the dock.
He maintained his position that there is no valid charge against him to warrant his being called to enter a defence.
Judge’s advice
Following Mr Kanu’s insistence that the charges were invalid, the judge, Mr Omotosho, reminded Mr Kanu of the need to keep his “gun powder dry”, for his defence.
Kanu maintained that he had no reason to open his defence on the current charge.
After the judge’s advice, Mr Kanu eventually agreed to open his defence.
He said he would need to consult with his four legal consultants, whom he named as Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara and Mandela Umegborogu.
Based on this, the judge again urged him to consult lawyers conversant with criminal law to aid his defence. The judge adjourned till Friday (7 November).
READ ALSO: Lawyers speak on implications of Nnamdi Kanu’s refusal to enter defence
Caution to legal consultants
Meanwhile, following a complaint by Mr Awomolo, Mr Omotosho cautioned Mr Kanu’s former lawyers in the case, who now refer to themselves as his consultants, to conduct themselves within the ethics of the legal profession. Last month, Mr Kanu abruptly sacked his lawyers led by a former Attorney-General of the Federation Kanu Agabi, who took over his defence just this year.
Mr Awomolo accused the lawyers of granting media interviews and making subtle posts on social media in relation to the case.
The lawyers, who Mr Kanu also confirmed as his consultants, were in court to witness Wednesday’s proceedings and introduced themselves as such.
(NAN)
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