Justice James Omotosho of the Federal High Court in Abuja on Friday warned that he would not hesitate to invoke relevant provisions of the law if the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, continues to delay his terrorism trial.
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The judge issued the warning after Kanu informed the court that some of his witnesses would be travelling from different parts of the world, including Ethiopia, Kenya, and the United States.
Kanu, who has opted to defend himself in the ongoing terrorism case filed by the Federal Government, listed the names of prominent Nigerians and foreign nationals he intends to call as witnesses in a motion filed on October 21.
In the application he personally signed, Kanu disclosed that he plans to call 23 witnesses, divided into two categories.
The first category, he said, consists of “ordinary but material witnesses,” while the second category comprises “vital and compellable” witnesses who would be summoned under Section 232 of the Evidence Act, 2011.
He asked the court to grant a 90-day timeframe to enable him conclude his defence, citing the number of witnesses involved.
The IPOB leader had on Thursday disengaged his legal team led by Chief Kanu Agabi, SAN, a former Attorney-General of the Federation and Minister of Justice, declaring his readiness to defend himself.
When the matter was called on Friday, Chief Adegboyega Awomolo, SAN, appeared for the Federal Government, while Kanu announced his appearance from the dock.
“I am Mazi Nnamdi Kanu. I stand for myself,” he said.
Awomolo informed the court that the case was fixed for defence and that the prosecution was ready to proceed.
However, Kanu said he was not prepared to open his defence because his former lawyers had yet to hand over the case files to him.
“My lord, my counsel left the case yesterday and I have not received the file from them. The few people who could have brought it were prevented from seeing me,” he said, urging the court to adjourn to allow him make necessary arrangements.
Kanu also argued that the existing three-day weekly access to him at the Department of State Services (DSS) facility would no longer be sufficient for preparing his defence, considering the number of witnesses expected from abroad.
Asked to clarify the visiting schedule, he told the court: “Two hours every Monday, Wednesday, and Friday. That is not enough, my lord, because I have about 23 witnesses coming from all parts of the world, from Ethiopia, Kenya, U.S.”
He urged the court to grant an order enabling the witnesses and his counsel to have adequate access to him.
Responding, Awomolo said Kanu had sufficient time to prepare for his defence after the court dismissed his no-case submission. He added that the court bailiff had already begun efforts to serve subpoenas on the listed witnesses.
The senior lawyer acknowledged Kanu’s request for adjournment but urged the court not to vacate its standing order directing the defence to conclude within six days.
“I am aware there is a standing order for the defendant to defend himself within six days. The defendant wasted yesterday. This is the second day, my lord. I urge your lordship to maintain the order,” Awomolo said.
Justice Omotosho said he found it surprising that Chief Agabi had yet to release the case files, especially after informing the court that Kanu would personally conduct his defence.
He noted that the only issue raised by the defence on Thursday was jurisdiction, which the court had directed should be addressed in the final written address.
The judge emphasized that the accelerated hearing was granted by the consent of both parties, explaining that he created both morning and afternoon sessions to ensure Kanu’s case progressed without delay while safeguarding other litigants’ rights.
“In the interest of justice and fair hearing, I will grant an adjournment for the file to be handed over to the defendant,” he ruled.
The court also granted Kanu’s request for expanded access to his legal team, ordering the DSS to allow visits on Saturdays and Mondays specifically for trial preparation.
Justice Omotosho cautioned that despite the court’s accommodations, delays would no longer be tolerated.
“This court will not refrain from invoking appropriate provisions of the law,” he said.
He recalled that on October 22, the court did not sit until 2pm to allow Kanu and his lawyers private consultation, and that proceedings extended until 7pm that day. Yet, on October 23, when Kanu was scheduled to open his defence, nothing occurred.
“If this continues, other matters will suffer,” he warned, noting that foreign defendants and others awaiting trial were present in court.
He further directed the DSS to provide a different facility for Kanu’s meetings with his counsel, ruling that the courtroom would no longer be vacated for pre-trial consultations.
The matter was adjourned until October 27 for Kanu to open his defence.
Shortly after the adjournment, Kanu attempted to address the court again, but Justice Omotosho ordered that the next case be called.
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