Justice James Omotosho of the Federal High Court, Abuja, has given detained Biafra agitator, Nnamdi Kanu, until November 5 to defend the terrorism charges against him or waive his right to do so.
The judge issued the ultimatum after Kanu repeatedly declined to open his defence, insisting there was no valid charge against him.
Kanu, who appeared in court on Tuesday without legal representation, maintained that his detention by the Department of State Services (DSS) was unlawful and that the terrorism law under which he was being tried had been repealed.
“In Nigeria today, the Constitution is the supreme law. There is no valid charge against me. I cannot be tried under a repealed law,” he told the court, adding that he would not return to detention unless shown a valid charge.
The IPOB leader argued that the Terrorism Prevention and Prohibition Act had been repealed and cited Section 36(12) of the 1999 Constitution to support his claim that no offence could be prosecuted without a written law.
He further accused the Federal High Court of disobeying the Supreme Court’s judgment, which, he said, condemned his extraordinary rendition from Kenya and should have resulted in his discharge.
Prosecution counsel, Adegboyega Awomolo (SAN), however, urged the court to dismiss Kanu’s documents as worthless, claiming they were unsigned and lacked probative value.
Justice Omotosho ruled that the documents in question were duly signed and accompanied by proof of payment. He subsequently adjourned the case to November 5 for Kanu to either defend himself or forfeit the right to do so.