The Federal High Court in Abuja has dismissed an objection filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), challenging the court’s jurisdiction to try him on terrorism-related charges.
In a ruling on Thursday, Justice James Omotosho held that all the issues Kanu raised had already been decided by the court in earlier proceedings, and therefore could not be reopened.
The judge urged Kanu to take advantage of the constitutional right guaranteed under Section 36 to defend himself, noting that this was his opportunity to present his side of the case. He then ordered the defendant to enter his defence and adjourned the trial to October 24, 2025 for continuation.
Earlier in the proceedings, Chief Kanu Agabi, SAN, who had been leading Kanu’s legal team, formally announced his withdrawal from the case. Agabi explained that the decision followed Kanu’s choice to personally take over his defence. He listed other senior lawyers stepping down as Onyechi Ikpeazu, Joseph Akubo, Paul Erokoro, Emeka Etiaba, and one other.
Following the announcement, Justice Omotosho confirmed the withdrawal and directed all remaining members of Kanu’s legal team, except the senior advocates, to vacate the courtroom. Kanu, standing in the dock, confirmed that he had disengaged his lawyers and would conduct his defence personally.
When invited to open his case, Kanu instead raised fresh objections to the court’s jurisdiction, citing four main grounds — including alleged contempt of the Court of Appeal judgment, the repeal of laws under which he was charged, denial of fair hearing, and claims that a medical report declaring him fit for trial was forged.
However, Chief Adegboyega Awomolo, SAN, counsel to the Federal Government, argued that Kanu’s claims were baseless and should have been properly presented through a sworn affidavit. He added that the Court of Appeal decision cited by Kanu had been set aside by the Supreme Court in a judgment delivered on December 15, 2023.
Justice Omotosho agreed with the prosecution, ruling that the court had already addressed the same issues in its September 26 decision, which found that Kanu had a case to answer. He reaffirmed that the medical report in question had been duly admitted and acted upon without objection from either side.
In a passionate appeal, the judge urged Kanu to make use of his constitutional right to defend himself, saying:
“I beg and appeal to the defendant to make use of the opportunity given to him by the constitution to put in his defence, except he chooses to waive it, either expressly or by conduct.”
At that point, Onyechi Ikpeazu, SAN, who had also withdrawn earlier, pleaded with the court to grant Kanu more time to compose himself before proceeding.
Responding, Kanu told the court he had not been given sufficient time to prepare his defence, noting that he only had three hours with his lawyers the previous day. Citing Section 36 of the Constitution, he requested additional time to prepare.
With no objection from the prosecution, Justice Omotosho granted the request and adjourned the trial to October 24, 2025, for Kanu to open his defence. The judge also confirmed that he had signed the witness summons sought by Kanu, allowing him to call prominent Nigerians as witnesses in his defence.