The Federal High Court sitting in Abuja on Tuesday gave the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, until Wednesday, November 5, 2025, to open his defence in the terrorism charges brought against him by the Federal Government — or risk waiving his right to do so.
The trial judge, Justice James Omotosho, issued the directive following Kanu’s continued refusal to enter his defence, insisting that there was “no valid charge pending” against him.
Justice Omotosho advised the separatist leader to either consult legal practitioners experienced in criminal law to assist him or formally appoint a lawyer to represent him in court before the next adjourned date.
During Tuesday’s proceedings, Kanu, who represented himself, told the court that he would not return to detention unless the charges against him were “properly presented.”
He argued that his continued detention by the Department of State Services (DSS) was unlawful, claiming that he had not violated any known law in Nigeria.
The IPOB leader further accused the court of ignoring the Supreme Court’s judgment, which, according to him, condemned his extraordinary rendition from Kenya. He demanded his immediate discharge from custody.
When reminded by the judge that the Supreme Court had only ordered a fresh trial, Kanu maintained that the terrorism charge was invalid, citing Section 36(12) of the 1999 Constitution (as amended).
“In Nigeria today, the Constitution is the supreme law. There is no valid charge against me. I will not go back to detention today. The Terrorism Prevention and Prohibition Act has been repealed. I cannot defend myself under a repealed law,” Kanu said.
He challenged any lawyer in court to show him a valid charge, urging the judge to “take judicial notice” of the alleged repeal of the terrorism law.
“I cannot be tried under a law that has been repealed. Prosecuting me under such a law is a violation of my fundamental rights,” he added.
Following several failed attempts to persuade Kanu to proceed with his defence, Justice Omotosho adjourned the case until November 5, giving him a final opportunity to either open his defence or forfeit his right to do so.
During the session, counsel for the Federal Government, Adegboyega Awomolo (SAN), informed the court that some of the documents served on him by Kanu were unsigned and not endorsed by the court, stressing that such documents held no evidential value.
The case has been adjourned for continuation of trial.