A Federal High Court on Tuesday warned separatist leader Nnamdi Kanu that he would forfeit his right to enter a defence in his terrorism trial if he did not begin presenting evidence by Wednesday, the judge said after the defendant again declined to open his case.
Justice James Omotosho set the deadline after Kanu, representing himself, failed for a fourth straight day to call witnesses or formally open his defence despite the prosecution having closed its case. The judge said if Kanu did not begin his defence by 5 November he would be deemed to have waived that right.
Kanu told the court he would not enter a defence because, in his view, “there is no valid charge, known to any extant law, that is pending against him.” Instead of filing the court-ordered final written address, he submitted a motion and supporting affidavit, which the prosecution said were improper and aimed at delaying the case. The court indicated it would consider the documents in its judgment.
Prosecutors have accused Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), of terrorism-related offences stemming from his separatist campaign; charges he has denied. The trial, which has drawn frequent adjournments and heightened tensions in southeastern Nigeria, has included disputes over evidence, witness lists and Kanu’s access to legal materials after he dismissed his lawyers.
Justice Omotosho urged Kanu to consult criminal-law experts about the consequences of waiving his right to testify or call witnesses. The case was adjourned to 5 November for compliance.
