A Federal High Court in Abuja has ordered the Biafra nation agitator, Nnamdi Kanu, to open his defence on October 24 in the terrorism charges brought against him by the federal government.
Justice James Omotosho ordered that the defence must be opened unfailingly on Friday or he would be considered as waiving the opportunity provided him by law.
The decision of the judge followed the insistence by Kanu that he would prefer to defend himself in the trial but requested for three months adjournment.
At this point, the judge reminded him that accelerated trial had already been made in respect of the trial and still subsist and as such long adjournment cannot be granted.
But Kanu kept on challenging the jurisdiction of the court to proceed with the trial and the judge also reminded him that the issue of jurisdiction had been resolved against him.
Omotosho pleaded with Kanu to see reason and allow the proceedings move but the defendant insisted that proceedings must not go ahead.
Kanu said: “Going forward, I am making an oral application challenging the jurisdiction of the court to try me. On the face of the records before this court, there are four jurisdictional defects in the matter.
“The Federal Government is in contempt of the Court of Appeal. I have been discharged by the Appeal Court but I remained in detention for 14 more months.
“A contemnor cannot come to the court to seek any remedy because he who goes to equity must appear with clean hands. The Act on which I am being tried has been repealed and therefore I could not be tried on a repealed act.
“The prosecution had denied me proper consultation with my lawyers for the almost five years I had been held in custody.
“If not for your mercy, my Lord to grant us three hours to hold conference in this courtroom, I would have been compelled to enter my defence in a capital offence without proper consultation with my lawyers.
“The medical report on which this court relied to declare me fit to stand trial was forged. The report was dated September 23 even though the court gave the order on the 26 September.”
Besides, Kanu argued that nobody took his blood or urine sample to conduct any test, saying the report was manufactured.
Based on the above, he asked the court to terminate the case today if possible.
However, responding, counsel to the federal government, Mr. Adegboyega Awomolo(SAN) said in summary that all Nnamdi Kanu said was not based on any known court procedure and that he had merely entertained the court.
In his decision, Justice Omotosho said all preliminary objections shall not be entertained at this point and that the order of court stands, and the defendant should put in his defence.
The judge said most of the things the defendant raised had been raised, but the defendant is not foreclosed from raising them again in his final written address, but the defendant should defend himself.
At this point, one of the Senior Advocates in the court room, Dr. Onyechi Ikpeazu asked for permission to address the court, not as the defendant’s lawyer but as a friend of the court.
The senior lawyer appealed for the case to be adjourned even if until tomorrow October 24, for the defendant to gather his thoughts and start his defence.
Justice Omotosho said that it is for the defendant himself to make such application since he is the one now defending himself.
“I appeal to the defendant to make use of the opportunity given to him to enter his defense, or wave it if he wants,” the judge said.
In response, Nnamdi Kanu said he has not had enough time to prepare for his defence, especially since this is a capital trial.
He said he will also need time to gather the people that he had listed as his witnesses.
In his decision, Omotosho ordered that Kanu must open his defense unfailingly on October 24.
Persecondnews recalls that Kanu has been in DSS detention in Abuja since he was rearrested in Kenya and subjected to extraordinary rendition back to Nigeria on June 27, 2021.
He was arrested by Kenyan security operatives in collaboration with Nigerian authorities.
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