A Federal High Court in Abuja has warned that it may foreclose the defence of detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, if he fails to open his defence in his ongoing terrorism trial.
Justice James Omotosho issued the warning on Tuesday after Kanu, for the fourth consecutive sitting, failed to begin his defence following the closure of the prosecution’s case and the court’s dismissal of his no-case submission.
The judge stated that if Kanu does not open his defence on November 5, the court would deem him to have waived his right to do so and proceed accordingly.
The court had, on October 27 adjourned till November 4 for Kanu to either file his final written address or open his defence.
At the resumption of proceedings on Tuesday, Kanu, who is conducting his case by himself, said he has not filled any final written address as ordered by the court, but filed a motion and a supporting affidavit.
Kanu said he would not enter any defence because he was convinced that there is no valid charge, known to any extant law, that is pending against him.
He threatened not to return to detention and demanded that he should be set free and allowed to go home immediately because, according to him, there is no valid charge in respect of which he should be further subjected to trial.
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Responding, prosecuting lawyer, Adegboyega Awomolo (SAN) faulted the competence of the fresh court documents filed by Kanu, arguing that they were not properly filed.
Awomolo urged the court to desist from further indulging the defendant, who he claimed was only interested in wasting the court’s time.
He urged the court to deem the documents recently filed by Kanu as his final written address, order parties to adopt the final addresses and adjourn for judgment.
Ruling, Justice Omotosho said the documents recently filed by Kanu were in order and would be considered at the time of judgment.
The judge said having taken judicial notice that the defendant is not a lawyer, he should be given opportunity to consult a lawyer and get necessary support.
Justice Omotosho proceeded to adjourn till November 5 for the defendant to either enter his defence or deemed to have waived his right to so do.
