The Federal High Court in Abuja on Friday fixed November 20 for the delivery of judgment in the seven-count terrorism case filed by the Federal Government against the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
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Justice James Omotosho scheduled the date after Kanu, who is representing himself following the disengagement of his lawyers, failed to open his defence within the six days allotted by the court.
Instead of presenting a formal defence, Kanu filed a motion challenging the competence of the charge and the jurisdiction of the court to try him. He argued that his prosecution was based on a law that no longer exists, claiming that the Terrorism (Prevention and Prohibition) Act, under which the charges were brought, has since been repealed.
Earlier on Friday, the court briefly stood down proceedings for an hour to allow Kanu to file and depose to an affidavit in his defence. This followed his complaint that Department of State Services (DSS) officers had denied him the opportunity to submit the document.
“My lord, I don’t know how to say this. I have a process here to file which has not been allowed for the last three days. I have the process for my defence. I don’t know if my lord will allow me to file it for my defence,” Kanu told the court.
DSS counsel, Chief Adegboyega Awomolo, SAN, explained that logistical protocols and court-ordered movement procedures delayed Kanu from filing the document, noting that his former lawyers, now acting as consultants, needed to make formal requests for such movements. Awomolo also said the issue could have been resolved through direct liaison with the DSS Legal Department.
Kanu, however, disputed the officers’ account, insisting that he had suggested alternatives, including bringing the court stamp to him, which DSS refused.
In response, Justice Omotosho directed court registry officers and the commissioner for oath to bring the court stamp into the courtroom so Kanu could file his documents. He also allowed court officials to visit the DSS facility with the stamp whenever Kanu needs to depose to any document.
The IPOB leader, who is expected to open his defence, now awaits judgment on both the charges and his motion, with the court set to rule on November 20.
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