For the fourth consecutive time, the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Tuesday, declined to open his defence in the seven-count terrorism charge filed against him by the Federal Government.

At the resumed hearing before Justice James Omotosho of the Federal High Court, Abuja, Kanu, who is now representing himself after dismissing his legal team, insisted that there is no valid charge pending against him, arguing that he has no case to answer.

He maintained that since the prosecution had failed to present any extant law under which he was charged, there was no legal basis for him to open his defence or file a final written address.

Kanu urged the court to take judicial notice of his motion and accompanying affidavit, challenging the court’s jurisdiction to try him for an offence he claimed “is unknown to any existing Nigerian law.”

He, therefore, prayed to the court to order his immediate release from the custody of the Department of State Services (DSS), where he has been detained since 2021.

“You cannot ask me to begin my defence when you have not stated the law under which I am being charged,” Kanu said from the dock.

“The records before this court show that there is no law backing these charges. I request to be released. My Lord, please take judicial notice of all the records before this court.”

Citing Section 36(12) of the 1999 Constitution (as amended), Kanu argued that there is no existing law to sustain the terrorism charge against him. He further accused the court of violating a Supreme Court judgment that, according to him, condemned his “extraordinary rendition” from Kenya by the Nigerian Government.

When the judge reminded him that the apex court had ordered a fresh trial, Kanu stood his ground, insisting that trying him “over a non-existent crime” amounted to a breach of his constitutional rights.

“The Constitution is the supreme law in Nigeria. There is no valid terrorism offence recognized under it,” he said.

“The Terrorism Prevention and Prohibition Act has been repealed. I cannot defend myself under a repealed law. I will not go back to detention today unless I am shown the valid charge against me.”

In response, the prosecution counsel, Chief Adegboyega Awomolo (SAN), faulted the competence of the documents filed by Kanu, describing them as “legally worthless” and urged the court to disregard them.

Awomolo argued that the defendant was merely wasting judicial time and prayed the court to deem Kanu’s documents as his final written address so that judgment could be delivered.

However, Justice Omotosho rejected the prosecution’s objection, ruling that Kanu’s filings would be considered in the final judgment.

The judge also noted that since the defendant is not a lawyer, the court would give him additional time to seek legal advice, but warned that failure to open his defence within the allotted period would lead to a forfeiture of his right to do so.

The case was thereafter adjourned till Wednesday for Kanu to either present his defence or risk having it waived.

The court had earlier, on October 24, ordered Kanu to open his defence after rejecting his no-case submission, ruling that the Federal Government had established a prima facie case against him.

Although Kanu initially submitted a list of 23 witnesses, including serving governors, ministers, former security chiefs and other top government officials, he later withdrew the plan, opting instead to challenge the validity of the charges.

Among those initially listed were the Governors of Imo and Lagos States, Hope Uzodimma and Babajide Sanwo-Olu; the FCT Minister, Nyesom Wike; former Attorney-General of the Federation, Abubakar Malami; former Chief of Army Staff, Lt. Gen. Tukur Buratai (rtd); and former Minister of Defence, Gen. Theophilus Danjuma (rtd).

The IPOB leader is accused of leading a separatist movement seeking the secession of Nigeria’s South-East region, and of allegedly inciting violence through inflammatory broadcasts. He has consistently maintained his innocence.