Justice James Omotosho of the Federal High Court in Abuja has fixed judgment for November 20 in the terrorism trial of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Justice Omotosho chose the date on Friday while ruling after Kanu failed to open his defence having exhausted the six days allocated to him by the court to conduct his defence.
The judge said Kanu, having failed to utilise the opportunity granted him to conduct his defence, he cannot claim to have been denied the constitutionally guaranteed rights to fair hearing.
Earlier, Justice Omotosho gave the embattled IPOB leader November 5 to defend the alleged terrorism charges against him or waive his right to do so.
Justice Omotosho said this after Kanu failed, for the fourth day, to enter his defence after the prosecution closed its case and the court overruled his no-case submission.
Justice Omotosho said should Kanu fail to open his defence on November 5, he would be deemed to have waived his right to do so.
The court had, on October 27 adjourned till November 4 for Kanu to either file his final written address or open his defence.
At the day’s proceedings, Kanu, who is conducting his case by himself, said he has not filed any final written address as ordered by the court, but filed a motion and a supporting affidavit.
Kanu said he would not enter any defence because he was convinced that there is no valid charge, known to any extant law, that is pending against him.
He threatened not to return to detention and demanded that he should be set free and allowed to go home immediately because, according to him, there is no valid charge in respect of which he should be further subjected to trial.
Responding, prosecuting lawyer, Adegboyega Awomolo (SAN), faulted the competence of the fresh court documents filed by Kanu, arguing that they were not properly filed.
Awomolo urged the court to desist from further indulging the defendant, who he claimed was only interested in wasting the court’s time.
He urged the court to deem the documents recently filed by Kanu as his final written address, order parties to adopt the final addresses and adjourn for judgment.
In his ruling, Justice Omotosho said the documents recently filed by Kanu were in order and would be considered at the time of judgment.
The judge said having taken judicial notice that the defendant is not a lawyer, he should be given the opportunity to consult a lawyer and get necessary support.
