Amanze Chinonye
Justice James Omotosho of the Federal High Court in Abuja has adjourned the trial of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to Wednesday, November 5, 2025, giving him a final opportunity to open his defence or permanently waive his right to do so.
The judge’s decision follows Kanu’s persistent refusal to present a defence in his long-running terrorism trial, insisting that there is “no valid law” under which he is being tried.
At the resumption of the hearing on Monday, Kanu who has been representing himself after dismissing his legal team, challenged the court to state the specific law under which he was being prosecuted, declaring that without such clarity, he would not return to the custody of the Department of State Services (DSS).
Join our WhatsApp Channel“Tell me the law under which I am being tried,” Kanu reportedly demanded. “If there is none, I will not go back to DSS custody.”
He further argued that he could not open a defence unless the law governing his prosecution was clearly established, reiterating his stance that “the law must be written” for any valid trial to proceed.
Kanu Lists Malami, Wike, Umahi, Sanwo-Olu, Buratai, Danjuma as Witnesses in Terrorism Trial
Justice Omotosho, however, cautioned that the proceedings were now at the defence stage, not at the stage of conviction or sentencing. He reminded Kanu that after the dismissal of his no-case submission, he had only two lawful options either to open his defence or rest on the evidence already presented by the prosecution.
The judge dismissed Kanu’s reliance on Section 36(12) of the Nigerian Constitution, which bars conviction for non-existent offences, saying the provision was premature at this point in the trial.
He also ruled that the issue of extraordinary rendition, which Kanu continues to raise, is not relevant to the current proceedings since no admissible evidence oral or documentary was presented before the court.
Lead prosecutor Adegboyega Awomolo (SAN) accused Kanu of playing to the gallery and “using the court as a platform for social commentary.” He urged the judge to proceed directly to judgment, arguing that the defendant’s continued refusal to open his defence amounted to a deliberate stalling of justice.
“This case has gone on long enough,” Awomolo said. “The defendant is simply refusing to participate, while the court continues to show leniency. It is time for this matter to move forward.”
Awomolo also advised the court to stop “playing the bishop” by repeatedly urging Kanu to seek counsel, stressing that valuable judicial time was being wasted.
After listening to both sides, Justice Omotosho adjourned the case to Wednesday, November 5, emphasizing that Kanu’s next move will determine whether he retains his right to present a defence or forfeits it entirely.
The judge added that the documents Kanu submitted including his motion and affidavit, would still form part of the court’s final consideration, even though they were not filed in the format of a proper written address.
The ruling marks a decisive turning point in the ten-year legal battle between the federal government and the separatist leader, whose trial has drawn international attention over issues of fair hearing, rendition, and human rights.
With the November 5 deadline approaching, observers say the next sitting could determine whether the trial finally moves to judgment or takes another dramatic turn in one of Nigeria’s most contentious political cases.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
