At the resumed proceedings on Monday, Kanu who has opted to
defend himself after sacking his team of lawyers, said he has gone through his
case file and there is no charge against him.

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

“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.”

Interjecting, James Omotosho, presiding judge, said Kanu
needed to understand certain procedures of the law.

He said in a criminal trial, after the prosecution has
closed its case, three things are open to the defendant. He is expected to file
a no-case submission, and if the no-case submission is not sustained, the
defendant is expected to put in a defence.

Omotosho said if the defendant chooses not to put in a
defence, he has opted to rely on the case of the prosecution.

But Kanu insisted that there is no charge against him and
that the trial judge should release him today or grant him bail because he is
ill.

“I am being detained under a fraudulent charge that the
supreme court has said it ought not to be,” he said.

Responding, Adegboyega Awomolo, counsel for the federal
government, said the case has been brought to a close since the defendant has
opted to rely on the case of the prosecution. Consequently, he prayed the court
to fix a date for judgment.

‘GOD WILL HOLD ME RESPONSIBLE’

Again, Omotosho tried to explain to the defendant that not
entering a defence in a criminal trial after a no-case submission had been
heard and overruled is very dangerous.

The judge insisted that it is his duty to protect everyone —
including the defendant.

He urged Kanu to consult lawyers who have experience in
criminal prosecution so that he would be advised on what to do, especially on
the implications of his decision not to enter his defence.

“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,” the judge
held.

“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.

CASE ADJOURNED

Awomolo said the court is yet to convince the prosecution on
why the defendant deserves the opportunity of another adjournment.

He said the court should be bound by its earlier decision
that the defendant has six days within which to start and close his defence.

The prosecution counsel added that even if the court wants
to grant an adjournment, it must be within the six days so as not to appear as
vacating its own orders.

Omotosho explained to Awomolo that he has taken into
consideration the peculiarity of the matter as the defendant is not a lawyer.

In conclusion, Omotosho said he will give the defendant
seven days to consult knowledgeable lawyers with experience in criminal cases.

He thereafter adjourned the hearing to November 4, 5, 6, for
the defendant to open his defence.

Omotosho said should Kanu fail to open his case, the court
would take the final written addresses on November 6 and deem that the
defendant has opted to rely on the case of the prosecution.