‘It’s dangerous’, judge counsels Nnamdi Kanu following refusal to open defence

Justice James Omotosho, the trial judge handling the case of Biafra agitator Nnamdi Kanu, has warned him of the implications of refusing to open defence. Last week, Kanu, the leader of the Indigenous People of Biafra (IPOB), sacked his legal counsels, led by Kanu Agbai (SAN) and opted to lead his own defence. At the proceedings on Monday, Kanu told the court that there were no charges filed against him, urging the judge to set him free.

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

“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,” he told the judge.

However, Justice Omotosho advised Kanu of the implications of his action. He told Kanu that a defendant in a criminal trial could either file a no-case submission or open his defence, after the prosecution might have closed his case.

The judge said: “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.”

“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.

“I am being detained under a fraudulent charge that the supreme court has said it ought not to be,” he said. In spite of his stance, Justice Omotosho adjourned the matter for seven days to allow Kanu consult lawyers that could guide him.