Court Threatens to Shut Down Nnamdi Kanu’s Defence If He Fails to Open Case

In a stern admonition, the Federal High Court sitting in Abuja has warned the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, that he risks losing his right to mount a defence if he fails to open his case on the scheduled date.

Justice James Omotosho emphasised that the six-day window allocated for the defendant to present his defence will not be extended. According to  The Nation

Background: Why the Defence Has Not Begun

Kanu’s failure to commence his defence stems from a dispute over access to his case file. He informed the court that his former legal team had withdrawn and still held on to critical documents. He said:

“My counsel left the case yesterday, and I have not received the file from them.”

Responding to questions, he added that his ability to prepare was compromised because key materials remained inaccessible. Meanwhile, prosecution counsel, Adegboyega Awomolo SAN, told the court the case was ready for the defence phase.

READ ALSO: “Physician, Heal Thyself” — Mahdi Shehu Slams Trump Over Nigeria Remarks

Court Gives Adjournment — But Issues Final Notice

While granting Kanu an adjournment until Monday, October 27, 2025, the court made clear the extension was not open-ended. Justice Omotosho warned:

“If the opportunity is not utilised, the court will not hesitate to invoke its powers … We should make use of the judicial time given to us.”

In a bid to aid his preparation, the court also ordered the Department of State Services (DSS) to allow Kanu access to his legal team and visitors over the weekend despite the shorter time-frame.

Implications of a Failure to Open Defence

If Kanu fails to open his defence within the specified period, several consequences loom:

• The case could proceed to judgment without his input, essentially resting solely on the prosecution’s case.

• His proclaimed defence strategy  which reportedly includes calling witnesses from countries like the UK, USA, Ethiopia and Kenya  could be derailed.

• The court’s patience appears limited. The judge warned the timeline will be strictly enforced, and any further delay may lead to “necessary orders.”

Kanu has repeatedly challenged the jurisdiction of the court and argued that the charges against him are moot:

“There is no case against me. If there is no case, there will be no need for me to enter a defence.”

His position reflects a legal strategy of either filing a no-case submission or opting to rest his case without defence. He also noted issues around the non-handover of his files by his ex-lawyers as a reason for delay.

Time Is Up for Kanu’s Defence

As the countdown begins, the federal judiciary’s patience is clearly waning. With the six-day defence window standing firm, the ball is now in Kanu’s court.

Should he fail to act by the set date, the court’s warning suggests that his ability to meaningfully participate in his defence may be extinguished.

In the words of Justice Omotosho:

“Now that the opportunity is not being used, I want to beg the defendant in the name of the Almighty God to utilise this opportunity.”