The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has agreed to consult his legal advisers before opening his defence in the terrorism charges brought against him by the Federal Government.
Justice James Omotosho of the Federal High Court, Abuja, made the appeal again on Wednesday after Kanu repeatedly maintained that the seven-count charge against him was invalid under Nigerian law.
Initially unwilling to proceed, Kanu eventually told the court that he would confer with his legal team, which includes Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara, and Mandela Umegborogu.
Following the development, Justice Omotosho granted an adjournment until 7 November, marking the fourth time the IPOB leader has been given the opportunity to open his defence or waive his right to do so.
Kanu had in October dismissed his former legal team led by ex-Attorney General of the Federation, Chief Kanu Agabi (SAN), opting instead to represent himself. He previously submitted a list of 23 witnesses, including Lagos State Governor Babajide Sanwo-Olu and the Minister of the Federal Capital Territory, Nyesom Wike, but later rescinded the move, claiming there was no need for a defence.
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At Wednesday’s session, Kanu reiterated that the charges against him had “no legal foundation,” arguing that the Terrorism Prevention and Prohibition Act, under which he is being tried, “has been repealed.”
He told the court, “The Terrorism Prevention and Prohibition Act has been repealed. I cannot put up a defence under a repealed law.” He further claimed that the prosecution had failed to amend the charges as allegedly directed by the Supreme Court.
The Federal Government’s counsel, Adegboyega Awomolo (SAN), urged the court to enforce its earlier directive compelling Kanu to either proceed with his defence or formally waive it.
However, Justice Omotosho stated that he would once again “bend backward” in the interest of justice, granting Kanu additional time to seek proper legal advice from counsel versed in criminal law.
The prosecution had closed its case on 19 June 2025, after calling five witnesses. On 26 September, the court ruled that a prima facie case had been established against Kanu. Since then, he has twice failed to open his defence, citing the non-availability of documents held by his former lawyers.
The trial is expected to resume on 7 November, when the court will determine whether Kanu will finally open his defence or risk forfeiting his right to do so.
