The Federal High Court in Abuja has given the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, until November 5, 2025, to open his defence in the terrorism charges filed against him by the Federal Government or risk forfeiting his right to do so.

Justice James Omotosho issued the directive on Tuesday after Kanu once again refused to proceed with his defence, insisting that there was no valid charge currently pending against him.

The judge advised the IPOB leader to either engage a lawyer experienced in criminal law to represent him or formally notify the court if he intends to continue representing himself.

During the proceedings, Kanu maintained that his detention by the Department of State Services (DSS) was unlawful and that he would not return to custody unless the charges against him were “properly presented.”

He further accused the court of ignoring a Supreme Court judgment which, according to him, condemned his extraordinary rendition from Kenya and ordered his release.

“I will not go back to detention today. The Constitution is the supreme law of the land, and there is no valid charge against me,” Kanu told the court.

“The Terrorism Prevention and Prohibition Act has been repealed. I cannot defend myself under a repealed law,” he added, while challenging any lawyer to produce a valid charge sheet against him.

Kanu, who represented himself during the session, urged the court to take judicial notice of what he described as the repeal of the terrorism law, arguing that continuing his trial under such a law would amount to a violation of his fundamental rights.

However, when reminded that the Supreme Court had ordered a fresh trial, Kanu insisted that the terrorism charge was both invalid and incompetent, citing Section 36(12) of the 1999 Constitution, which prohibits conviction for an offence not defined by law.

Following several unsuccessful attempts to persuade Kanu to open his defence, Justice Omotosho adjourned the case until November 5, 2025, stressing that the date would serve as the defendant’s final opportunity to present his case.

Earlier, counsel for the Federal Government, Adegboyega Awomolo (SAN), had urged the court to disregard certain documents filed by Kanu, arguing that they were unsigned and not endorsed by the court, thereby lacking evidential value.

But Justice Omotosho overruled the objection, noting that the documents in the court’s record were duly signed and bore evidence of payment.