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Alleged Terrorism Trial: As Kanu Opts to Defend Self…

As Leader of the Proscribed Indigenous People of Biafra, Nnamdi Kanu sacks all his legal representatives in his alleged terrorism trial, the question on the minds of millions of Nigerians home and abroad, as well as the international community is, would he achieve what his lawyers couldn’t achieve in the last 10 years? Alex Enumah writes.

Since his trial began in 2015, self acclaimed leader of the proscribed Indigenous People of Biafra (IPOB), MaziNnamdiKanu, has passed through several courts up to the Supreme Court and back to the Federal High Court.

At the Federal High Court in Abuja, his case has passed through several judges including the Chief Judge of the Federal High Court, and he has also had several representations in all the stages.

However, a new twist to the trial emerged last week when Kanu was expected to open his defense in the seven-count amended terrorism charge brought against him by the federal government. Recall that the pro-Biafran leader had in July, 2025 filed a No-case Submission in response to the case of the prosecution, but, trial judge, Justice James Omotosho, had ordered him to enter his defense because there are some issues he needed answers to.

But rather than opening his defense on October 23, 2025 as slated by the court, Kanu took everyone by surprise when his lead counsel Chief KanuAgabi (SAN) informed the court that they are withdrawing from the case because the defendant had terminated their representation. This was more surprising because at the October 16, proceedings when Kanu’s lawyer asked for an opportunity to have private meeting with Kanu, who have been in the custody of the Department of State Service (DSS), since June 2021, when he was arrested and brought into the country from Kenya, the court graciously granted the request and ordered the DSS to produce Kanu in court on October 22, to enable them meet and adequately prepare his defense.

Justice Omotosho had held that the court would be free for the defendant to meet with his counsel from 9 am till 2 pm, without any interference. The order was fully complied with. But for the defendant to appear in court the following day after meeting with his lawyers to prepare his defense raises several questions, which some believes has nothing to do with competence of his legal team led by a former Attorney-General of the Federation (AGF) and Minister of Justice, Chief KanuAgabi, and about eight other eminent SANs in the likes of OnyechiIkpeazu, Paul Erokoro and others.

While it is pertinent to point out that Kanu’s decision to defend himself in court is not new, because several persons had done that in the past, what may be worrisome is the stage that he decided to abandon his lawyers to take his destiny into his own hands.

And indications that he would do that first appeared on October 21, 2025 when he personally signed an application seeking the court’s power to summons several persons both serving and past governors, ministers and security agencies heads.

Kanu was first arrested in 2015 and arraigned before a Wuse Zone 2 Magistrate Court, Abuja and was then represented by Vincent Obetta. However, following Kanu’s discharge by the Magistrate Court, the DSS approached the Federal High Court where it first obtained an order to detain the IPOB leader for 90 days. The order which was granted by Justice AdeniyiAdemola was later set aside following an application by Obetta.

Among others, the court held that the federal government cannot keep Kanu for that period without filing a charge against him. Although, Justice Ademola ordered Kanu’s unconditional release after declaring his detention by the DSS as unconstitutional, the order for his release was not obeyed.

The DSS later filed a six-count charge against Kanu and two others with the matter then assigned to Justice Ahmed Mohammed (now a Justice of the Court of Appeal). Although, Kanu was also represented by Obetta before Mohammed, however the defendant chose to address the judge from the dock, wherein he insisted he would not take his plea on allegations that he would not get justice from the court. The development made Mohammed to recuse himself from the matter and return the case file to the then CJ, Justice Abdul Kafarati now late.

The matter was then reassigned to Justice John Tsoho, who also like Mohammed recused himself from Kanu’s case following the defendant’s petition against him to the National Judicial Council (NJC). His lawyer then was ChuksMuomah (SAN). The senior advocate also represented Kanu when he was arraigned before Justice BintaNyako, who became the third Federal High Court judge to try Kanu. However, he later withdrew from the case paving way for Ifeanyi Ejiofor to take over. Ejiofor, in March, 2017, succeeded in getting the court to strike out six out of the 11-count criminal charge against Kanu and three others and also succeeded in getting bail for Kanu in April, 2017.

For four years Kanu’s trial was stalled owing to his escape out of the country in late 2017, after his family house in Abia State was attacked by military personnel. His trial resumed after his rendition from Kenya to continue his trial. The Biafra nation agitator was represented by Ejiofor between July and November 2021, when he was arraigned on a seven-count amended charge bordering on terrorism and treasonable felony, until Chief Mike Ozekhome (SAN) took over in January, 2022, when the charge was increased to 15. Although, Ozekhome could not get Kanu released on bail, the senior lawyer however got Justice Nyako to strike out eight out of the 15-count charge. Ozekhome further got the Court of Appeal to quash the remaining seven-count charge against Kanu in 2022.

But, it should be pointed out that before the apex court’s judgment, Kanu had sacked Ozekhome and Ejiofor as his legal representatives. The announcement of the sack of Ozekhome and Ejiofor was made by a younger brother to the IPOB leader, MrKanuntaKanu in June, 2023, in a post via his verified Twitter handle.

“I hereby formally notify @MikeozekhomeSAN and @IfeanyiEjiofor that their services are no longer required in MaziNnamdiKanu’s case pending before the Supreme Court of Nigeria and all (cases) concerning him,” Kanunta had posted.

According to him, the decision to sack the two lawyers was due to their alleged refusal to see the defendant at the State Security Service (SSS) facility, since May 11, despite the IPOB leader’s “several” requests.

Besides, the post alleged that Ozekhome had stopped medical doctors sent by the family from carrying out a medical examination on  Kanu on June 5, at the SSS facility where he was being detained.

“For these obvious reasons and many more, Prof Mike Ozekhome and Barr. Ifeanyi Ejiofor are hereby sacked as MaziNnamdiKanu’s counsels,” he said.

“The Kanu family do appreciate your time and efforts so far. Please, handover the legal documents asap,” Kanunta added.

However, the apex court reversed the judgment of the appellate court on the grounds that irrespective of the manner Kanu was brought back into Nigeria, he must answer to the charges against him.

The five-member panel of the apex court in a unanimous judgment ordered that the case be returned to Justice Nyako of the Federal High Court, for Kanu to open his defense in the remaining seven-count charge.

When trial resumed in 2024, AloyEjimakor, who has been part of the entire proceedings since 2016 and also claimed to be “Special Counsel” to NnamdiKanu, took over the defense. But, the case did not make any meaningful progress and in September, Kanu, again took his destiny into his hands by asking Ejimakor to “sit down” while he argued his case himself.

At the proceedings of September last year while Ejimakor, was appealing to the judge to suspend the trial on grounds that Kanu was denied the opportunity to prepare his defence, the IPOB leader suddenly sprang up from where he was seated inside the dock and ordered his lawyer to sit down.

“Sit down! I say you should sit down!” he shouted. Kanu then turning towards Justice Nyako, said: “My Lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court”. The IPOB leader stated that he would have understood if it was the DSS refusing to obey a court order, “but for this court to refuse to obey an order of the Supreme Court is regrettable”.

He maintained that the federal government has no jurisdiction to try him on terrorism allegations. “I demand that you immediately recuse yourself from this matter. The Federal Government of Nigeria has no jurisdiction to prefer terrorism charges against me. You know the truth but you don’t want to say it,” he said.

Responding, Justice Nyako said, “I don’t have problems recusing myself. In fact, I will be happy to do so. If a defendant can shout his own lawyer down, held up proceedings in this way, what is then left for the court? I have more than 700 cases in my docket to attend to. Kanu’s own is just one of them. Let him go to another judge. I have delivered 24 rulings in this matter alone”.

In her ruling, the judge subsequently recused herself and ordered that the case file be returned to the Chief Judge of the Federal High Court, Justice John Tsoho, for re-assignment to another judge.

Few months later, the matter was assigned to Justice James Omotosho, who expressed determination to do justice in the matter within the shortest possible time. Omotosho lamented that the defendant had spent about 10 years of his life in custody, while the case lingers. Between March and June, Justice Omotosho ensured diligent prosecution of the case leading to the prosecution closing its case on June 19, after calling five witnesses and tendering bundles of documentary and video evidences.

Instead of opening his case, Kanu through his new lawyer, Chief KanuAgabi (SAN), entered a No-case Submission on July 18, 2025. But, the judge in a ruling in the no-case submission on September 28 ordered Kanu to enter his defense. Omotosho, who noted that he had not evaluated the credibility of the witnesses who testified against Kanu and the avalanche of exhibits tendered during trial to determine their probate value, explained that he was inclined to order the defendant to clear some grey issues and fixed October 23, for Kanu to enter his defense so as to clear those grey areas.

The judge in addition gave Kanu six days to finish his defense, so that the court can begin evaluation of all evidence and deliver judgment before the year ends.

However, Kanu sprung surprise on the court and everyone, when he sacked his entire legal team and decided to defend himself.

He also prayed the court to give him 90 days to call over 20 of his witnesses both within and outside the country. Besides, he is also challenging the jurisdiction of the court to try him, claiming that the Court of Appeal had already discharged and acquitted him, following the way he was brought into the country.

Meanwhile, he has just four days to present his witnesses and tender whatever documents he deems fit in his defense. Recall that at Friday’s proceedings he had informed the court that he was yet to get the case file from his sacked lawyers and as such would be needing time to prepare his defense.

At the resumed hearing on Monday, October 27, Kanu, true to his words, defended himself from the dock. After announcing appearance for himself, the IPOB leader informed Justice Omotosho that he has gone through his case file and found that “there is actually no charge against me”. He explained that based on this claim, it is needless for him to call any witness or even enter into his defence.

“There is no case against me. If there is no case against me, it will be futile for me to enter any defence”, he stated.

Sensing the danger in Kanu’s position, the judge intervened and explained to Kanu the risk of not entering a defence in a criminal trial. “There is need for you (Kanu) to consult people, who are knowledgeable in criminal prosecution to advise you on how to proceed.

“I am begging you in the name of God Almighty, to consult properly. I am inclined to grant you the adjournment you seek. I am inclined to give him the opportunity to consult those who are knowledgeable in criminal law.

“I know you are educated, but you are not a lawyer, you need to consult experts in the field. Please make adequate consultation. This is not economics. This is criminal prosecution.

“Please, my brother, make adequate consultation. Criminal cases are not like every other cases. I took the opportunity to explain to the defendant because he is not a lawyer”.

Omotosho who stated that he has a duty to explain to the defendant the consequences of his decision not to enter a defence, disclosed that after kanu sacked his lawyers, he had wanted to refer the case to the Legal Aid Council or any lawyer, who was willing to take the case pro bono, but the defendant refused and said he was going to defend himself.

Following Kanu’s earlier request for a week adjournment to enable him file a written address to support why he insisted that no valid charge was pending against him, Justice Omotosho subsequently adjourned till November 4, 5 and 6 for either the adoption of the written addresses or for Kanu to open his defence should he choose to change his mind.

The judge then gave Kanu four days from Monday within which he should file his written address and serve on the prosecution to enable the prosecution file it’s reply.

Whether the Biafran nation agitator would take the advice of the court by consulting legal experts; and enter his defence; or remain adamant and proceeds to file his written address where he would be insisting that “no valid charge is pending against me”, would be seen on November 4, when trial resumes.

Kanu has been in custody of the Department of State Service (DSS) since he was arrested in Kenya in 2021, and brought back to continue his trial which started since 2015.

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