It marks the first major legal decision Kanu has taken since he dismissed his legal team last Thursday and opted to represent himself in court.
During Monday’s proceedings, Kanu told Justice James Omotosho that, after reviewing the prosecution’s case, he found no valid basis for the charges and therefore considered it unnecessary to enter a defence.
“I have reviewed their case, and it is not worth defending,” Kanu said, insisting that the entire trial was unlawful.
Justice Omotosho, however, cautioned Kanu about the legal implications of his decision and advised him to consult experts in criminal law before proceeding. The judge directed Kanu to file a written address to formally state his position and serve the prosecution.
The case has been adjourned to November 4, 5, and 6 for the adoption of final written addresses based on Kanu’s stance that the prosecution has not established any case against him.
A Week of Dramatic Twists
Kanu’s decision to forgo his defence comes after a week of dramatic turns in his trial. On October 20, human rights activist Omoyele Sowore led a protest demanding Kanu’s unconditional release from detention, where he has been held since June 2021.
The following day, Kanu submitted a list of 23 proposed defence witnesses, including former and serving public officials, seeking 90 days to conclude his defence.
However, by Thursday, he unexpectedly dismissed his legal team led by former Attorney-General of the Federation, Kanu Agabi (SAN), and announced that he would defend himself. He later sought an adjournment to prepare.
At Friday’s sitting, he said he could not begin his defence because his former lawyers had yet to return his case file. Justice Omotosho reluctantly granted an adjournment till Monday, warning that Kanu must either open his defence or waive it.
When the case resumed, Kanu chose the latter — declining to defend himself.
Background of the Case
Kanu was first arrested in September 2015 over his secessionist broadcasts calling for an independent Biafra Republic. He was released on bail in 2017 but fled Nigeria after soldiers invaded his home in Abia State.
He was re-arrested and returned to Nigeria in June 2021, and has since been facing terrorism-related charges for allegedly inciting violence that led to killings and destruction across the South-East.
The Court of Appeal freed him in October 2022, citing the illegality of his extraordinary rendition from Kenya, but the Supreme Court overturned that judgment in December 2023, ruling that the trial should continue.
The prosecution closed its case in June after calling five witnesses. Kanu’s “no-case submission” was dismissed by the court.
Justice Omotosho has repeatedly advised Kanu to proceed with his defence, but the IPOB leader maintains that there is no valid case to answer.
