Justice James Omotosho of the Federal High Court in Abuja has fixed November 20 for delivery of his judgment in the terrorism trial of the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The judge fixed the date on Friday, following Kanu’s refusal to open his defence after exhausting all the opportunities afforded him to do the needful.
It is instructive to note that Kanu had previously refused to open his defence in spite of Justice Omotosho’s admonition to him against the danger of his recalcitrant attitude.
The court had On October 24, adjourned his trial to October 27 to enable him to commence his defence
But Kalu had disengaged his legal team, opting to defend himself, while insisting that there was no case against him while Justice Omotosho had on November 4, gave Kanu one final opportunity to open his defence or risk forfeiting his right to do so.
Despite persuasions from the judge for the defendant to seek legal counsel and enter a defence, Kanu insisted that there was no valid charge against him and declared his continued detention by the Department of State Services (DSS) illegal.
Kanu further accused the court of violating a Supreme Court judgment that denounced his extraordinary rendition from Kenya and demanded an immediate discharge.
When reminded that the same Supreme Court had remitted his case to the Federal High Court for trial, Kanu insisted that the terrorism charges against him were invalid and unconstitutional.
Citing Section 36 (12) of the 1999 Constitution (as amended) Kanu argued that there was no written law establishing terrorism as an offence in Nigeria.
When the matter came up on Friday, Kanu told the court that he had an important process to file but claimed he had not been allowed to do so.
Following his complaints, Omotosho ordered that the court’s registry be temporarily relocated to the courtroom to allow Kanu complete the filing.
Proceedings in the case was then stood down for one hour to enable Kanu to complete the filing
But when the court reconvened, lawyer to the Federal Government, Chief Adegboyega Awomolo (SAN), told the court that he would not respond to the motion filed by the defendant but that he would rely on some of the exhibits attached to the motions.
In the motion, Kanu is asking the court to expunge his “not guilty” plea from its record on the basis that he was deceptively arraigned contrary to Section 36 of the constitution.
He is also asking the court to completely cancel all record of proceedings so far because the trial was built on an erroneous foundation and further urged the court to set him free immediately.
Although the court acknowledged the fresh motion and another filed on October 30 by the defendant, the judge said his pronouncement on preliminary objections and motions would be treated during judgment.
Justice Omotosho still pleaded with Kanu to open his defence but the IPOB leader insisted that there was no charge against him.
The judge consequently held that having failed to utilise the opportunity granted him to enter his defence, Kanu could not claim to have been denied the constitutionally guaranteed rights to fair hearing.
Justice Omotosho thereafter fixed November 20 for his judgment in the Federal Government’s suit against Kanu.
