Table of Contents
- Detention of Nnamdi Kanu
- Failure to Open Defense
- Challenge to Court Jurisdiction
- Legal Basis for Charges
- Prosecution's Response
The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has urged the Federal Government to release him, asserting that he has no case to answer.
This statement comes after he was unable to present his defense to the seven-count terrorism charge brought against him by the Federal Government on Tuesday.
Kanu, who is representing himself after parting ways with his legal team, argued that without a valid charge pending before the court, there is no legal basis for him to either present his defense or to file and exchange a final written address with the Federal Government.
He requested the judge to acknowledge the motion he filed along with a supporting affidavit, which contests the court's jurisdiction to continue trying him for an offense he claims is not recognized by any existing law.
Kanu petitioned the court to order his immediate release from the custody of the Department of State Services (DSS), where he has been held since 2021.
“You cannot ask me to begin my defense when you have not specified the law under which I am being charged,” he stated.
“The records of this court indicate that there is no law supporting these charges. I request to be released. My Lord, please consider all the records before this court,” he added.
The pro-Biafra leader referenced section 36(12) of the 1999 Constitution, as amended, arguing that there is no legal foundation for the charge against him.
He claimed that the court was infringing upon a Supreme Court judgment, which he contended condemned his extraordinary rendition from Kenya by the Federal Government.
When reminded that the Supreme Court had remitted his case for a fresh trial, Kanu maintained that prosecuting him for a non-existent crime constitutes a violation of his constitutional rights.
“In Nigeria today, the Constitution is the supreme law; there is no provision for a terrorism offense in the Constitution. There is no valid charge against me. I will not return to any detention today,” he declared.
“The Terrorism Prevention and Prohibition Act has been repealed. I cannot mount a defense under a repealed law. I refuse to do that.”
“Tell any lawyer to show me the valid charge. I urge you to take judicial notice of the repeal of the terrorism charges. I am not prepared to return to detention today unless I am presented with the valid charge against me.”
“I cannot be tried under a law that has been repealed, a law that is not documented in our Constitution. Prosecuting me under a repealed law is a violation of my fundamental rights,” he continued.
In response, the prosecution counsel, Chief Adegboyega Awomolo, SAN, questioned the validity of the documents Kanu submitted, asserting that they lacked probative value and should be disregarded by the court.
The Federal Government’s attorney requested that the court not indulge the defendant further, claiming he was merely wasting valuable judicial time.
He urged the court to consider the documents that Kanu recently filed as his final written address and to direct both parties to adopt the processes to facilitate a judgment in the case.
Frequently Asked Questions
What charges has Nnamdi Kanu faced?
Nnamdi Kanu is facing seven counts of terrorism charges brought against him by the Federal Government.
Why is Nnamdi Kanu representing himself?
Kanu is representing himself after parting ways with his legal team, as he believes there is no valid charge against him.
What is Kanu's argument regarding the charges?
Kanu argues that the charges against him are not supported by any law and that the Terrorism Prevention and Prohibition Act has been repealed.
