“There’s no charge against me” – Nnamdi Kanu refuses to open defence in terrorism charge

Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), standing trial on terrorism charge on Monday, during the court session, refused to open his defence.

Kanu, who has opted to defend himself after sacking his team of lawyers, maintained that he has gone through his case file and there is no charge against him.

“Join me in praising God. I have gone through my case file, and there is no charge against me,” he began.

“There is no extant law in this country upon which the prosecution can predicate the charges against me. If there’s any, let my Lord read it out to me.

“So, I should not enter any defence in a charge that does not exist under any law in Nigeria. I urge you to release me today or grant me bail.”

Interjecting, James Omotosho, presiding judge, said Kanu needed to understand certain procedures of the law, saying in a criminal trial, after the prosecution has closed its case, three things are open to the defendant. He is expected to file a no-case submission, and if the no-case submission is not sustained, the defendant is expected to put in a defence.

Omotosho said if the defendant chooses not to put in a defence, he has opted to rely on the case of the prosecution.

But Kanu insisted that there is no charge against him and that the trial judge should release him today or grant him bail because he is ill.

“I am being detained under a fraudulent charge that the supreme court has said it ought not to be,” he said.

Responding, Adegboyega Awomolo, counsel for the federal government, said the case has been brought to a close since the defendant has opted to rely on the case of the prosecution, and consequently prayed the court to fix a date for judgment.

Again, Omotosho tried to explain to the defendant that not entering a defence in a criminal trial after a no-case submission had been heard and overruled is very dangerous, insisting that it is his duty to protect everyone including the defendant.

He urged Kanu to consult lawyers who have experience in criminal prosecution so that he would be advised on what to do, especially on the implications of his decision not to enter his defence.

“I’m taking my time to explain all these to the defendant because I know it’s my responsibility to do so since he has no legal representation, and I know God will hold me responsible if I don’t,” the judge held.

“I am inclined, in the interest of justice, to give an adjournment either for the defendant to put in his defence or adopt his position not to enter a defence.”

Still, Kanu insisted that there is no charge against him.

Awomolo said the court is yet to convince the prosecution on why the defendant deserves the opportunity of another adjournment.

He said the court should be bound by its earlier decision that the defendant has six days within which to start and close his defence, adding that even if the court wants to grant an adjournment, it must be within the six days so as not to appear as vacating its own orders.

Omotosho explained to Awomolo that he has taken into consideration the peculiarity of the matter as the defendant is not a lawyer.

In conclusion, Omotosho said he will give the defendant seven days to consult knowledgeable lawyers with experience in criminal cases.

He thereafter adjourned the hearing until November 4, 5, 6, for the defendant to open his defence.

Omotosho said should Kanu fail to open his case, the court would take the final written addresses on November 6 and deem that the defendant has opted to rely on the case of the prosecution.

Source: TheCable