A Federal High Court in Abuja on Tuesday threatened to foreclose the defence of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, should he fail to open his defence in his ongoing terrorism trial.

Justice James Omotosho issued the warning after Kanu, for the fourth consecutive time, failed to enter his defence following the closure of the prosecution’s case and the court’s earlier dismissal of his no-case submission.

The judge stated that if Kanu fails to open his defence on November 5, he would be deemed to have waived his right to do so.

The court had earlier adjourned on October 27 for the defendant to either file his final written address or open his defence. However, at the resumed hearing on Tuesday, Kanu, who has since dismissed his legal team and is representing himself, told the court he had not filed the required written address.

Instead, he said he filed a motion and a supporting affidavit, insisting he would not enter any defence because he believes there is “no valid charge known to any extant law” pending against him.

Kanu also demanded his immediate release, declaring that he would not return to detention as, according to him, there was no valid case justifying his continued trial.

Prosecuting counsel, Adegboyega Awomolo (SAN), faulted the fresh court filings by Kanu, arguing that they were not properly filed and urging the court not to indulge the defendant any further. He described Kanu’s actions as an attempt to waste the court’s time, and asked that the court deem the new documents as his final written address, adopt them, and fix a date for judgment.

In his ruling, Justice Omotosho held that Kanu’s documents were properly filed and would be considered at the time of judgment. He, however, noted that since Kanu is not a lawyer, he should be given another opportunity to consult legal counsel and obtain necessary guidance.

The court subsequently adjourned the matter till November 5, warning that failure by the defendant to enter his defence on that date would result in the forfeiture of his right to do so.

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