A Federal High Court sitting in Abuja on Tuesday, November 4, 2025, gave the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu 24 hours (November 5) to enter his defence in the terrorism charges against him or should be prepared to waive his right to do so.
The court presided over by Justice James Omotosho, pleaded with Kanu to consult with legal practitioners conversant with criminal laws to assist his defence or opt for a lawyer to handle his case for him.
The decision of Justice Omotosho followed the refusal of Kanu to file in his defence against the terrorism charges on the ground that there was no valid charge against him.
Kanu, who announced appearance for himself on Tuesday told the court that he would not go back to the detention unless the charges against him are clearly shown to him, saying that his detention at the facility of the Department of the State Service (DSS) was illegal and unlawful because there was no known law he had breached.
The IPOB leader accused the court of violating the Supreme Court judgment that condemned his extra ordinary rendition from Kenya and demanded that the judge must unfailingly and immediately discharged him.
But, when reminded that Supreme Court remitted the case for fresh trial, Kanu insisted that the terrorism charge against him was incompetent, invalid and illegal.
Citing section 36(12) of the 1999 Constitution, Kanu said that there was no written law on terrorism offence in Nigeria today, thus there was nothing for him to defend.
In the words of Kanu; “In Nigeria today, the Constitution is the Supreme law, there is no provision for terrorism offence in the Constitution. There is no valid charge against me. I will not go back to any detention today.
“Terrorism Prevention and Prohibition Act has been repealed. I cannot put in defence under a repealed law. I won’t do that. Tell any lawyer to show me the valid charge. I appeal to you, to please take judicial notice of the repeal of the terrorism charges.
“I am not ready to go back to detention today unless I am shown the valid charge against me. I cannot be tried under a law that has been repealed. A law that is not written in our Constitution. Prosecuting me under a repealed law is a violation of my fundamental right,” he insisted.
After much persuasion and his insistence not to defend the charge, Justice Omotosho in a brief remark shifted further hearing till November 5 for Kanu to either enter his defence or waive his right to do so.
At Tuesday’s proceedings, counsel to the federal government, Adegboyega Awomolo, SAN had drawn the attention of the court to some documents served on him by Kanu, adding that the documents are worthless and have no probative value since they were not signed and endorsed by the court.
Awomolo therefore urged the court to discountenance the documents, and should permit him to adopt his final address and fix a date for judgment.
Justice Omotosho however, overruled him, declaring that the documents in court records were signed with evidence of payment.
