Justice James Omotosho of the Federal High Court has given the Biafra nation agitator, Mazi Nnamdi Kanu, till November 5 to defend the terrorism charge brought against him by the federal government or waive his right to defend self.
The court asked Kanu to consult with legal practitioners conversant with criminal laws to aid his defense or opt for a lawyer to handle his case for him.
The decision of the Judge followed the persistent refusal of Kanu to put in his defense to the terrorism charges on the ground that there was no valid charge against him.
Kanu who announced appearance for himself on Tuesday told the court that he would not go back to detention unless the charges against him are clearly shown to him.
He maintained that his detention at the facility of the Department of the State Service (DSS) was illegal and unlawful, insisting there was no known law he had breached.
The leader of the outlawed Indigenous People Of Biafra (IPOB), accused the court of violating the Supreme Court judgment that condemned his extraordinary rendition from Kenya and demanded that the judge must unfailingly and immediately discharge him.
When reminded that Supreme Court remitted the case for fresh trial, he went back to his insistence that the terrorism charge against him was incompetent, invalid and illegal.
Citing section 36(12) of the 1999 Constitution, Kanu said that there was no written law on terrorism offence in Nigeria in place, hence, saying there is nothing for him to defend.
“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“Terrorism Prevention and Prohibition Act has been repealed. I cannot put in defense under a repealed law.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.
“Tell any lawyer to show me the vaid charge. I appeal to you, to please take judicial notice of the repeal of the terrorism charges. I am not ready to go back to detention today unless Iam shown the vaid charge against me.
“I cannot be tried under a law that has been repealed. A law that is not written in our Constitution. Prosecuting me under a repealed law is a violation of my fundamental right”, he said repeatedly.
After much persuasion and his insistence not to defend the charge, Justice Omotosho, in a brief remark, adjourned further hearing till November 5 for Kanu to either enter his defense or waive his right to do so.
At Tuesday’s proceedings, counsel to the federal government, Adegboyega Awomolo, SAN, had drawn the attention of the court to some documents served on him by Kanu, adding that the documents were worthless and have no probative value because they were not signed and endorsed by the court.
He urged the court to discountenance the documents, permitting him to adopt his final address and fix a date for judgment.
The Judge over-ruled him, stating that the documents in court records were signed with evidence of payment.
