Olushola Omogbehin
The detained leader of the Indigenous People of Biafra, IPoB, Nnamdi Kanu, failed yesterday for the fourth time to open his defence to the seven-count terrorism charge the Federal Government levelled against him.
At the resumed proceedings before Justice James Omotosho, Kanu, who has previously disengaged his team of lawyers and conducting his case by himself, insisted he has no case to answer.
He said in the absence of a valid charge pending before the court, there was no legal basis for him to either open his defence or to file and exchange a final written address with FG.
Instead, Kanu urged the judge to take judicial notice of the motion he filed along with a supporting affidavit, which challenged the jurisdiction of the court to continue to try him over an offence he said is unknown to any extant law. He therefore ask the court to order his immediate release from the custody of the Department of State Services, DSS, where he has been detained since 2021.
“You cannot ask me to begin my defence when you have not stated the law under which I am being charged. The records of this court show there is no law backing these charges. I request to be released. My Lord, please take judicial notice of all the records before this court,” he added.
Kanu also contended, citing section 36(12) of the 1999 Constitution, as amended, that there was no law to back the charge against him. He also accused the court of violating a Supreme Court judgment he said condemned his extraordinary rendition from Kenya by the FG.
Reminded that the apex court remitted his case for a fresh trial, Kanu maintained that trying him over a non-existent crime amounted to a denial of his constititional rights.
“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 Terrorism Prevention and Prohibition Act has been repealed. I cannot put in defense under a repealed law. I won’t do that,” he said.
“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 I cannot be tried under a law that has been repealed.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 Prosecuting me under a repealed law is a violation of my fundamental right,” he added.
Reacting, the prosecution counsel, Chief Adegboyega Awomolo, SAN, said the documents Kanu served lacked probative value and should be discounted by the court.
He therefore urged the court to deem the documents that Kanu recently filed as his final written address and to order parties to adopt the processes to enable judgment to be delivered in the matter.
Justice Omotosho said the court would foreclose Kanu’s right should he fail to defend the charge within the period allotted for him to do so.
He thereafter adjourned further proceeding till Wednesday for the defendant to either enter his defence.
