Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra, has disclosed that his defence witnesses will arrive from multiple countries across the world, including Ethiopia, Kenya and the United States.
The IPOB leader made this known on Friday at the Federal High Court in Abuja whilst addressing Justice James Omotosho during his ongoing terrorism trial.
Kanu, who has chosen to represent himself after disengaging his legal team led by Chief Kanu Agabi, SAN, a former Attorney-General of the Federation, informed the court that he intends to call 23 witnesses divided into two categories.
“I have about 23 witnesses that will be coming from all parts of the world, from Ethiopia, Kenya and the U.S.,” he stated from the dock.
According to court documents filed on 21st October, the first category comprises what he described as “ordinary but material witnesses,” whilst the second consists of “vital and compellable” witnesses who shall be summoned under Section 232 of the Evidence Act, 2011.
The IPOB leader requested a 90-day timeframe to conclude his defence, citing the international nature of his witness list and logistical challenges.
When the matter came up for hearing, Chief Adegboyega Awomolo, SAN, representing the Federal Government, indicated readiness to proceed with the defence.
However, Kanu told the court he was unprepared to commence his defence, explaining that his former lawyers had yet to hand over his case file following their disengagement on Thursday.
“My lord, my counsel left the case yesterday, and I have not received the file from them. The few people that would have brought this were precluded from seeing me,” he said.
Kanu further complained that the current arrangement allowing him two-hour visits on Mondays, Wednesdays and Fridays at the Department of State Services facility would be insufficient for preparing his defence.
“That is not enough because I have about 23 witnesses that will be coming from all parts of the world,” he explained, urging the court to grant an order permitting extended access.
Justice Omotosho expressed surprise at Kanu’s claim regarding the case file, stating: “I am surprised that Chief Agabi will keep the file to himself, having announced yesterday that the defendant will conduct the trial himself and told the counsel to leave.”
The judge noted that the only issue raised during Thursday’s proceedings concerned jurisdiction, which he had directed should be addressed in the final written address.
Awomolo, whilst not opposing the adjournment request, urged the court to maintain the standing order requiring Kanu to defend himself within the stipulated timeframe.
“The defendant wasted yesterday. This is the second day, my lord. I urge your lordship to keep to the standing order,” the senior advocate said.
In his ruling, Justice Omotosho granted the adjournment to enable Kanu receive his case file from his former legal team.
The judge also approved Kanu’s application for weekend access to legal consultation, directing the DSS to grant him access on Saturdays and Mondays for trial preparation purposes.
“This is hereby granted. The DSS should give him access on Saturday and Monday to have access to his counsel,” Justice Omotosho ordered.
However, the judge emphasised the need for expeditious hearing, noting that delays in Kanu’s matter were affecting other cases before the court.
He pointed to other defendants, including Chinese nationals and a Zimbabwean woman in detention, whose trials were being delayed.
“I will beg the defendant in the name of Almighty God to let us make use of this opportunity. Not making use of this opportunity will deny some other people their trial; their trial will suffer,” Justice Omotosho said.
The judge recalled that he had created two court sessions daily to ensure expeditious hearing of Kanu’s matter whilst preventing undue delay in other cases.
He warned that the court would invoke appropriate legal provisions if necessary, adding: “I will not vacate this court for any pre-trial again because this opportunity was not used.”
Justice Omotosho also ordered the DSS to provide an alternative facility for Kanu to meet with his counsel, rather than continuing to vacate the courtroom for pre-trial consultations.
The judge subsequently adjourned the matter until 27th October for Kanu to open his defence.
Kanu is standing trial on terrorism-related charges filed against him by the Federal Government.
