AfriPulse
Detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has abandoned an earlier plan to call witnesses in his ongoing trial for alleged terrorism offences.
He told a Federal High Court in Abuja yesterday that he had realised there was no valid charge against him, maintaining that the evidence led so far had not established a case against him that required him to enter a defence.
The court had, on October 24, adjourned till yesterday for Kanu to open his defence. The accused had written to the court, indicating his intention to call witnesses and applied for a witness summons.
Believing that Kanu would open his defence yesterday, the court reserved about five seats, with each labelled “summoned witness. When the case was called, Adegboyega Awomolo (SAN) announced his appearance, along with some other lawyers, for the prosecution.
Kanu also announced his name and said he was representing himself, following which Awomolo reminded the court that the business of the day was for the defendant to open his defence.
Responding, the IPOB leader, who earlier sat in the dock, stood up and said he had gone through the case files and found that “there is actually no charge against me.”
He argued that there is no extant law in the country on which the prosecution could premise its case, insisting: “There is no case against me. If there is no case against me, it will be futile for me to enter any defence.”
At that point, Justice James Omotosho intervened and took the time to explain to Kanu that, in a criminal trial, the defendant has only three options after the prosecution has closed its case.
The presiding judge said the first option was for the defendant to make a no-case submission, and when overruled, the defendant is then required to enter a defence.
He said that where a defendant chose not to open his/her defence or conduct any defence at all, such a defendant can decide to rest on the prosecution’s case, and then file a written address, to which the prosecution will be required to reply, and the court delivers judgment.
After listening to the judge’s explanation, Kanu said: “My position is that there is no charge against me. There is no need for me to enter a defence. What I’m saying is that there is no case against me.”
Justice Omotosho then reminded him that he had earlier ruled on his no-case submission and held that he had a case to answer. The judge maintained that the ruling still subsists.
Kanu then applied to the court for a week’s adjournment to enable him to file a written address, supporting his assertion that no valid charge was pending against him. He argued that he had been subjected to a needless trial and determination.
Responding, Awomolo said that from what the defendant had said and the option he had taken, the court should adjourn for judgment. The prosecuting lawyer said the option chosen by Kanu implies that he had opted to address the court on point of law as his defence in the case.
In his intervention, Justice Omotosho noted that the defendant is not outrightly saying he had no defence, but that the “charge against me cannot be.”
The judge then proceeded to advise Kanu to consult experts before deciding how to proceed henceforth.
Justice Omotosho said: “There is a need for you (Kanu) to consult people who are knowledgeable in criminal prosecution to advise you on how to proceed.”
The judge added that he has a duty to explain to the defendant the consequences of his decision not to enter a defence. He said after Kanu sacked his lawyers, he had wanted to refer the case to the Legal Aid Council or any lawyer, who was willing to take the case pro bono, but the defendant refused and said he was going to defend himself.
The judge then gave Kanu four days from yesterday, within which he should file his written address and serve it on the prosecution, enabling the prosecution to file its reply.
He, thereafter, adjourned till November 4, 5, and 6 for either the adoption of the written addresses or for Kanu to open his defence should he choose to change his mind.
Source: Guardian Nigeria | Read the Full Story…
