Judiciary
Terrorism Charge: Court Gives Kanu Till November 5 To Defend Himself Or Waive Right
Justice James Omotosho of the Federal High Court has given Biafra agitator Mazi Nnamdi Kanu until November 5 to present his defense in the terrorism case filed against him by the federal government or risk waiving his right to do so.
The judge directed Kanu to seek assistance from lawyers experienced in criminal law or engage counsel to represent him, noting his repeated refusal to respond to the charges. Kanu maintained that there was no valid case against him, insisting he would not return to detention unless the charges were properly presented.
Appearing in court on Tuesday, Kanu described his detention by the Department of State Services as unlawful and claimed he had violated no known law. He accused the court of disregarding a Supreme Court ruling that condemned his extraordinary rendition from Kenya, demanding an immediate discharge from the case.
When reminded that the Supreme Court had ordered a retrial, Kanu restated that the terrorism charge was invalid and unconstitutional. Citing section 36(12) of the 1999 Constitution, he argued that there was no existing law defining terrorism in Nigeria and that the Terrorism Prevention and Prohibition Act had been repealed.
“There is no valid charge against me,” Kanu said. “I cannot be tried under a repealed law. Prosecuting me under such violates my fundamental rights.”
Following Kanu’s continued refusal to enter a defense, Justice Omotosho adjourned the matter to November 5 for him to decide whether to defend himself or forfeit that right.
During the hearing, federal government counsel Adegboyega Awomolo, SAN, urged the court to disregard documents Kanu had submitted, describing them as unsigned and lacking legal weight. The judge, however, ruled that the documents in question were properly signed and paid for, before adjourning further proceedings.