Justice James Omotosho of the Federal High Court, Abuja, has given the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, until Wednesday, November 5, to open his defence in the terrorism case against him or risk forfeiting the right to do so.
The judge issued the directive on Tuesday after Kanu failed, for the fourth consecutive sitting, to enter his defence following the prosecution’s closure of its case and the court’s earlier dismissal of his no-case submission.
Justice Omotosho reminded the defendant that the court had, on October 27, adjourned proceedings until November 4 to allow him to either file his final written address or commence his defence.
“If by November 5 the defendant fails to open his defence, he shall be deemed to have waived his right to do so,” the judge ruled.
At Tuesday’s proceedings, Kanu, who has been representing himself since his legal team withdrew from the case, told the court that he had not filed a final written address as directed but had instead filed a motion supported by an affidavit.
He argued that he would not present any defence because, in his view, there were no valid charges pending before the court.
“There is no subsisting charge known to any law. Therefore, I should not be detained further. I should be released to go home immediately,” Kanu told the court.
He also insisted that he would not return to detention under the current circumstances.
Responding, the prosecuting counsel, Adegboyega Awomolo (SAN), challenged the competence of the documents filed by Kanu, claiming they were not properly filed and served in accordance with the court’s procedure.
Awomolo accused the IPOB leader of deliberately delaying proceedings, urging the court to stop indulging him.
“My Lord, the defendant is only wasting the time of this court. His recently filed motion should be deemed his final written address so that the court can order parties to adopt their addresses and proceed to judgment,” he argued.
In a short ruling, Justice Omotosho held that the motion filed by Kanu was in order and would be considered at the stage of judgment.
The judge, however, noted that since Kanu is not a trained lawyer, it was only fair to give him another opportunity to seek legal advice before proceeding.
“The court takes judicial notice that the defendant is not a lawyer. He should be given the opportunity to consult counsel and receive proper guidance,” the judge said.
He subsequently adjourned the case to Wednesday, November 5, 2025, for Kanu to open his defence or be deemed to have waived the right.
