The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has once again contested the legitimacy of the terrorism charges brought against him by the Federal Government, arguing that the case lacks a valid legal basis under Nigerian law.

At the resumed hearing before Justice James Omotosho of the Federal High Court, Abuja, on Wednesday, the court granted Kanu a final opportunity to open his defence by November 5, warning that failure to do so would mean forfeiting his right to present any defence.

Court Gives Ultimatum

Justice Omotosho issued the directive following Kanu’s repeated refusal — for the fourth consecutive time — to open his defence since the prosecution closed its case.

The judge emphasized that the court could not be held in limbo indefinitely, noting that Kanu must either defend himself or risk judgment being entered based on the prosecution’s evidence.

“The defendant is hereby given one more opportunity to either open his defence or file his final written address. Should he fail to do so by the adjourned date, he shall be deemed to have waived his right,” Justice Omotosho ruled.

The court had earlier, on October 27, adjourned for Kanu to decide whether to begin his defence or file his closing submissions.

Kanu Rejects Charges, Cites Lack of Legal Foundation

When called upon to proceed with his defence, Kanu — who has chosen to represent himself — declined, insisting that there was no valid charge before the court.

He argued that the Federal Government had failed to specify the legal provisions under which he was being prosecuted.

“You cannot compel me to open a defence when there is no existing law backing the charges against me,” Kanu told the court.

He further disclosed that instead of filing a final written address, he had submitted a motion and a supporting affidavit challenging the legal competence of the entire case. Kanu demanded his immediate release, maintaining that his continued detention and trial were unlawful.

Prosecution Disputes Kanu’s Filing

In response, prosecuting counsel Adegboyega Awomolo, SAN, objected to Kanu’s latest filings, arguing that the documents were not properly submitted and should not be entertained.

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Awomolo urged the court to treat them as Kanu’s final written address and proceed to judgment.

However, Justice Omotosho disagreed, holding that the documents were properly before the court and would be considered at the judgment stage.

The judge also observed that since Kanu is not a trained lawyer, the court would allow him time to consult with legal counsel if he wishes to do so.

Next Hearing Set for November 5

The case was subsequently adjourned until November 5, when Kanu is expected to either open his defence formally or be deemed to have waived that right, paving the way for the court to deliver its final judgment based on existing records.

Kanu has been facing multiple counts of alleged terrorism and incitement against the Nigerian state, charges he has consistently dismissed as politically motivated and legally baseless.