By Peter.
Background of the Case
On Wednesday, Nnamdi Kanu, leader of the Indigenous People of Biafra and currently detained, agreed to consult with his legal advisors before starting his defense against terrorism charges brought by the Federal Government.
Legal Guidance and Court Direction
Justice James Omotosho of the Federal High Court in Abuja once again urged Kanu to seek proper legal counsel. This followed Kanu’s repeated claim that the seven-count charge against him was invalid. Although he initially refused to proceed, Kanu later informed the court that he intended to confer with his legal team. His lawyers include Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara, and Mandela Umegborogu.
Adjournment and Defense Strategy
The judge granted a postponement until November 7, marking the fourth occasion Kanu has been given an opportunity either to begin his defense or waive his right. Earlier in October, Kanu dismissed his former legal team, led by ex-Attorney General Kanu Agabi (SAN), opting to represent himself.
Initially, Kanu submitted a list of 23 witnesses he planned to call, including Lagos State Governor Babajide Sanwo-Olu and Minister of the Federal Capital Territory Nyesom Wike. However, he later reversed his position, insisting that no valid Nigerian law supports the charges against him, so there was no need for a defense.
The Legal Argument
During Wednesday’s session, Kanu maintained that no legitimate terrorism charge exists against him. He argued that the law under which he is being prosecuted, the Terrorism Prevention and Prohibition Act, had been repealed. Furthermore, he claimed the prosecution failed to amend the charges, as required by the Supreme Court.
He told the court, “The Terrorism Prevention and Prohibition Act has been repealed. I cannot present a defense under a repealed law.”
Prosecution Case and Current Status
The prosecution concluded its case on June 19, 2025, after calling five witnesses. The court ruled on September 26 that a prima facie case was established against Kanu. Nevertheless, he has twice failed to open his defense, citing unavailability of documents from his former lawyers.
Federal Government counsel Adegboyega Awomolo (SAN) urged the court to enforce its order, requiring Kanu to either defend himself or waive his right. In response, Justice Omotosho expressed willingness to allow Kanu additional time to consult lawyers proficient in criminal law, indicating he would “go the extra mile” in the interest of justice.
