The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has declined to begin his defence in the terrorism case against him.
Kanu, who chose to defend himself after firing his legal team, stated he had reviewed his case file and there were no charges against him during the resumed proceedings on Monday.
“Join me in praising God. I have gone through my case file, and there is no charge against me,” he began.
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“There is no extant law in this country upon which the prosecution can predicate the charges against me. If there’s any, let my Lord read it out to me.
“So, I should not enter any defence in a charge that does not exist under any law in Nigeria. I urge you to release me today or grant me bail.”
James Omotosho, the presiding judge, intervened and stated that Kanu needed to comprehend specific legal procedures.
According to him, the defendant in a criminal trial has three options once the prosecution has concluded its case. The defendant is expected to present a defence if the no-case submission is not upheld.
According to Omotosho, the defendant has chosen to rely on the prosecution’s case if he decides not to present a defence.
However, Kanu insisted that there is no charge against him and that the trial judge should release him today or grant him bail because he is ill.
“I am being detained under a fraudulent charge that the supreme court has said it ought not to be,” he said.
In response, federal government attorney Adegboyega Awomolo stated that the matter has been closed because the defendant has chosen to rely on the prosecution’s case. He therefore asked the court to set a date for the judgement.
Again, Omotosho tried to explain to the defendant that not entering a defence in a criminal trial after a no-case submission had been heard and overruled is very dangerous.
The judge emphasised that it is his responsibility to keep everyone safe, including the accused.
He advised the IPOB leader to speak with solicitors with criminal prosecution experience in order to get advice on what to proceed, particularly on the ramifications of his choice not to enter his defence.
“I’m taking my time to explain all these to the defendant because I know it’s my responsibility to do so since he has no legal representation, and I know God will hold me responsible if I don’t,” the judge held.
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“I am inclined, in the interest of justice, to give an adjournment either for the defendant to put in his defence or adopt his position not to enter a defence.”
Still, Kanu insisted that there is no charge against him.
Finally, Omotosho stated that the defendant would have seven days to speak with competent solicitors who had handled criminal cases.
He thereafter adjourned the hearing to November 4, 5, 6, for the defendant to open his defence.
According to Omotosho, if Kanu does not present his case, the court will consider the last written arguments on November 6 and determine that the defendant has chosen to rely on the prosecution’s case.
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