Alex Enumah in Abuja  

Detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, yesterday, forfeited his rights to defend the terrorism charge filed against him by the federal government.

Kanu for the six-time refused to enter his defence in the seven-count amended charge filed at the Federal High Court, Abuja, necessitating the foreclosure of his case by the trial judge, Justice James Omotosho.

Kanu is standing trial on a seven-count amended charge filed against him by the federal government although, he pleaded not guilty to the charge, he has however refused to open his defense since July when the court dismissed his no-case submission.

It would be recalled that the court had on Wednesday adjourned to Friday, also giving Kanu the last opportunity to open his defence, warning of the dangers of acting to the contrary.

However, when the matter resumed yesterday, Kanu still stood his ground that he has no defence to enter because the charge against him is allegedly invalid.

The IPOB leader who has been defending himself from the dock, informed the court at the commencement of proceedings that he has some applications to file but was unable to do so the previous day.

Responding, Omotosho stood down the case and summoned the registry to his court to enable Kanu file the motions, which he also moved without objection of the prosecution.

He informed the court that one of the applications he filed is asking the court to expunge his plea he entered in March from the court’s record on the grounds that he was deceived into taking the plea.

He also said that the court must set aside and declare as null and void, all the rulings and orders it made in the entire proceedings from March till date.

Kanu argued that based on the above fact the court should discharge and acquit him and ordered that he should go home today (yesterday).

Responding, Omotosho who asked the defendant who deceived him into taking the plea also reminded him that when the charge was read to him, Kanu was asked if he understood the charge and he admitted that he did.

The defendant however informed the court that he later realised that the Terrorism Prevention and Prohibition Act, under which he was arraigned has since been repealed by the National Assembly in 2023 and as such there is no valid terrorism charge against him, adding that there is no valid terrorism offence in Nigeria.

The IPOB leader pointed out that it would be fatal for him to enter the witness box to defend himself from a charge that is unknown to the Constitution of the Federal Republic of Nigeria.

Besides, he maintained that the Supreme Court had on December 15, 2023 delivered a landmark judgement where the apex court held that count seven in the charge was no longer in existence in Nigeria and that the court ordered that count seven should be amended.

He further submitted that up till now the charge was not amended, in gross violation of the apex court.

However, Omotosho reminded Kanu that this submission, which is the strength of his defence, should be presented from the witness box.

Kanu however, declined, shouting, “Show me the written law” on which he is standing trial.

Omotosho however pleaded with the defendant to follow the criminal procedure by entering his defence, noting that the court has adjourned seven times and that the issue of fair hearing is not at large.

The judge clarified that a defendant has a right to defend himself or waive the defence by expression or conduct, adding that in the instant case Kanu has by his conduct waived his rights and opportunity accorded him on several occasions to defend himself.

Omotosho subsequently held that the motions Kanu filed on October 30 and November 7, will be critically and deeply looked into in reaching a just conclusion.

“This court has given opportunity to the defendant under Section 36 as required by the constitution and I will not allow this to continue,” Omotosho said.

“It is based on this, without hesitation, that I say that the defendant has waived his right,” he added.

Omotosho subsequently fixed November 20, for Judgement.

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