Court gives Nnamdi Kanu deadline to defend terrorism charges

Justice James Omotosho of the Federal High Court has given Biafra nation agitator Nnamdi Kanu till November 5 to defend the terrorism charges against him or waive his right to do so.

The judge urged him to consult with legal practitioners conversant with criminal law to aid his defence or opt for a lawyer to handle his case.

The judge’s decision followed Kanu’s persistent refusal to present his defence to the terrorism charges on the grounds that there was no valid charge against him.

Kanu, who announced his appearance for himself on Tuesday, told the court that he would not return to detention unless the charges against him were clearly shown to him.

He maintained that his detention at the facility of the Department of State Services (DSS) was illegal and unlawful because there was no known law he had breached.

Kanu accused the court of violating the Supreme Court judgment that condemned his extraordinary rendition from Kenya and demanded that the judge must immediately discharge him.

When reminded that the Supreme Court had remitted the case for a fresh trial, he insisted that the terrorism charge against him was incompetent, invalid, and illegal.

Citing Section 36(12) of the 1999 Constitution, Kanu argued that there was no written law on terrorism offences in Nigeria, hence nothing for him to defend.

“In Nigeria today, the Constitution is the supreme law. There is no provision for terrorism offences in the Constitution. There is no valid charge against me. I will not go back to any detention today.

“The Terrorism Prevention and Prohibition Act has been repealed. I cannot put in a defence under a repealed law. I won’t do that.

“Tell any lawyer to show me the valid charge. I appeal to you to please take judicial notice of the repeal of the terrorism charges. I am not ready to go back to detention today unless I am shown the valid charge against me.

“I cannot be tried under a law that has been repealed, a law that is not written in our Constitution. Prosecuting me under a repealed law is a violation of my fundamental right,” he said repeatedly.

After much persuasion and his insistence not to defend the charge, Justice Omotosho, in a brief remark, adjourned further hearing till November 5 for Kanu to either enter his defence or waive his right to do so.

At Tuesday’s proceedings, counsel to the Federal Government, Adegboyega Awomolo (SAN), drew the court’s attention to some documents served on him by Kanu, adding that the documents were worthless and had no probative value because they were not signed or endorsed by the court.

He urged the court to discountenance the documents, permit him to adopt his final address, and fix a date for judgment.

The judge, however, overruled him, stating that the documents in the court records were signed and accompanied by evidence of payment.