The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has once again asked the Federal Government to release him, vehemently insisting that he has no legal case to answer.
Kanu, who is representing himself after disengaging his legal team, failed to open his defense on Tuesday against the seven-count terrorism charge preferred against him by the Federal Government. He maintained that in the absence of a valid charge before the court, there was no legal basis for him to proceed with his defense or to file a final written address.
Appealing directly to the judge, Kanu urged the court to take judicial notice of the motion and supporting affidavit he filed, which challenges the court’s jurisdiction to continue his trial.
“You cannot ask me to begin my defence when you have not stated the law under which I am being charged. The records of this court show there is no law backing these charges. I request to be released. My Lord, please take judicial notice of all the records before this court,” Kanu declared.
Citing Section 36(12) of the 1999 Constitution, as amended, the pro-Biafra leader argued that the current charges lacked a legal foundation. He asserted that trying him for a non-existent crime amounted to a denial of his constitutional rights.
Kanu also alleged that the court was violating a Supreme Court judgment which, according to him, condemned his extraordinary rendition from Kenya by the Federal Government.
“In Nigeria today, the Constitution is the Supreme law; there is no provision for terrorism offence in the Constitution. There is no valid charge against me. I will not go back to any detention today… Terrorism Prevention and Prohibition Act has been repealed. I cannot put in defense under a repealed law. I won’t do that,” he insisted, adding, “I am not ready to go back to detention today unless I am shown the valid charge against me.”
In response, the prosecution counsel, Chief Adegboyega Awomolo, SAN, challenged the competence of the documents Kanu served on him, arguing they lacked probative value and should be discounted.
The Federal Government’s lawyer prayed the court not to further indulge the defendant, who he claimed was merely wasting valuable judicial time. He urged the court to deem the documents Kanu recently filed as his final written address and to order all parties to adopt the processes to enable the court to proceed to judgment in the matter.
Kanu is currently detained in the custody of the Department of State Services (DSS) since his 2021 rendition.
