Justice James Omotosho of the Federal High Court in Abuja has adjourned the trial of Biafra nation agitator Nnamdi Kanu till Wednesday 5 November for him to open his defense or waive his right to do so.
This stance of the court follows Kanu’s persistent refusal to open his defense in the ongoing terrorism trial, insisting there is no valid case against him.
At the resumption of the case on Monday, a visibly angered Kanu asked the judge to tell him by what law he was being tried. He stressed that if that was not stated he would not return to DSS custody.
He maintained that he could not be tried “unless the law is written.” He therefore insisted that there is no basis to open a defense.
In setting the record straight, the trial judge reminded Kanu that he has only two options left after losing out in the aspect of his no case submission. Justice Omotosho says at this stage, the defendant can either open his defense or rest on the submissions by the prosecution, stating the inherent implications.
The judge said it was out of place for Kanu to cite Section 36(12) of the Constitution as the basis for his argument that he could not be convicted based on a non-existent law.
Justice Omotosho says that does not apply at the moment, as the case is at the stage of defense and is yet to get to the stage of conviction and sentencing.
The judge further stated that the subject of extraordinary rendition, which Nnamdi Kanu is still relying on, has no place in the current case. He said no form of evidence – oral or documented – was tendered.
Lead prosecutor, Adegboyega Awomolo SAN, described Kanu’s action as merely playing to the gallery and the social media. He urged the court to adjourn proceedings for judgment as the defendant has repeatedly refused to open his defense.
He also noted that the case has reached a stage where the judge should no longer play the “bishop” by repeatedly urging Kanu to seek counsel. Awomolo stressed the need for time to be well spent.
After these submissions, the judge adjourned proceedings till Wednesday November 5 which could well be the defining moment in the terrorism trial which has been on for ten years.
Godfrey Eshiomogie
Follow us on:
