A federal high court in Abuja has held that Nnamdi Kanu,
leader of the Indigenous People of Biafra (IPOB), was not denied a fair
hearing.
Delivering judgment on Thursday, James Omotosho, presiding
judge, held that the claim by the IPOB leader “does not hold water”.
“This matter was assigned to this court in March 2025. Upon
assumption of jurisdiction, i granted an accelerated hearing so as to
accommodate this trial. The defendant became unruly and caused different
delays,” the judge held.
The judge noted that the prosecution closed its case after
calling five witnesses in June 2025. Kanu then filed a no-case submission which
was dismissed on September 26.
Despite persuasions from the judge for the defendant to seek
legal counsel and enter a defence, Kanu insisted that there was no valid charge
against him and declared his continued detention by the Department of State
Services (DSS) illegal.
In his judgment, Omotosho said Kanu devised several means to
delay his trial, including his claim of extraordinary rendition, sacking his
lawyers, claiming to be sick, among others.
“Extraordinary rendition is a criminal offence, and oral
evidence must be adduced to prove. He had the duty to call witnesses to prove
that,” Omotosho said.
“The failure of the defendant to call witnesses to give oral
evidence to prove his allegation of extraordinary rendition made his case weak.
“It is a mystery to this court that a defendant who is
standing trial will delay his own trial.
“The court has carefully observed the conduct of the
defendant, and the fitness of the defendant is clear even without the medical
report of the NMA. I therefore hold without doubt that the defendant is fit to
stand his trial.
“This court gave 6 consecutive days for him to open trial.
he kept making excuses just to stall the trial. He asked for witness summons
which the court graciously granted, but he abandoned all of it. He refused to
take lawyers pro bono given to him
“This court has been extremely patient with the defendant.
He cannot complain of a lack of a fair hearing. Such rights cannot be taken
from him except he expressly waives it.”
On October 27, the court told Kanu to open his defence or
file a final written address. Instead, he filed motions, including a
“Motion/comprehensive written address” praying for the court to discharge him.
He filed a preliminary objection on October 16
“This will be treated as the final written address. All will
be taken into consideration,” the court held.
“Kanu also said he was deceived into making a plea. But
before taking his plea, He was asked if he understood and spoke English
language. At first, he said he did not understand the charge; it was then read
again. And he pleaded not guilty to all.
“The defendant cannot turn around and say he was deceived into taking his plea. It is just one of his tactics to delay the trial.”
On the issue of inadequate facilities to prepare for his
defence, the court held “that there is nothing to show that he was denied
adequate facility to prepare for his defence”.
“His allegation holds no water, and in the light of the
circumstances, this issue is resolved
against the defendant,” Omotosho added.
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