Court Dismisses Nnamdi Kanu’s No-Case Submission, Gives Him Seven Days to File Written Address

The Federal High Court in Abuja has dismissed the no-case submission filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, and granted him seven days to file his final written address in his ongoing trial for alleged terrorism offences.

Justice James Omotosho, who presided over the case, ruled that the defendant still has a case to answer, despite his insistence that there is no valid charge against him. The court’s decision followed Kanu’s declaration that he would not call any witnesses in his defence but would instead rely on a written submission challenging the competence of the charges brought by the Federal Government.

During Monday’s proceedings, Kanu, who has been in the custody of the Department of State Services (DSS) since 2021, told the court that he had disengaged his legal team led by former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN), and opted to represent himself.

He maintained that the charges preferred against him have no basis in law, stating that the prosecution failed to establish any offence known to the Nigerian legal system. “There is no charge against me. If there is no extant law in Nigeria on which the charge could stand, there cannot be a case,” Kanu told the court.

Justice Omotosho, however, reminded the IPOB leader that the court had earlier dismissed his no-case submission, meaning he must now present a defence. The judge explained that under criminal procedure, once the prosecution closes its case, the defendant has three options — to make a no-case submission, open a defence, or rest on the prosecution’s evidence and file a written address.

Having opted for the third option, the court granted Kanu seven days to file and serve his written address, while the prosecution will have three days thereafter to respond. The judge adjourned the case to November 4, 5, and 6 for the adoption of written addresses or, if Kanu changes his mind, for the opening of his defence.

Justice Omotosho also cautioned Kanu against representing himself, urging him to seek professional legal assistance. “You are not a lawyer. Criminal prosecution is not the same as civil or political matters,” the judge advised, warning that self-representation could weaken his case.

The ruling marks another significant stage in the long-running legal battle between the Federal Government and the IPOB leader. If the court eventually upholds Kanu’s written argument and finds the charges defective, the case could be struck out. However, if the court rules otherwise, Kanu will be required to open his defence and call witnesses to testify on his behalf.