The Federal High Court in Abuja has given the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, until November 5, 2025, to open his defence or risk forfeiting his right to do so in his ongoing trial for alleged terrorism and treasonable felony.
Justice James Omotosho issued the directive on Tuesday after Kanu failed for the fourth consecutive day to enter his defence, despite the prosecution having closed its case and the court previously overruling his no-case submission.
“The defendant has been given ample opportunity to open his defence. The court will not allow further delay. If the defendant fails to open his defence on the next adjourned date, he will forfeit his right to do so,” Justice Omotosho ruled.
The decision marks a crucial turning point in the long-running trial of the separatist leader, who has been in detention since 2021 following his extradition from Kenya.
Background of the Case
Nnamdi Kanu is facing seven amended charges, including terrorism, treasonable felony, and incitement, brought against him by the Federal Government of Nigeria.
The case stems from his leadership of IPOB, a group the government has designated as a proscribed organization, and his alleged involvement in activities aimed at undermining the sovereignty of Nigeria.
The prosecution, led by Senior Advocate of Nigeria (SAN) Adegboyega Awomolo, closed its case earlier this month after calling multiple witnesses, including intelligence and security officials.
Kanu, through his legal team led by Ifeanyi Ejiofor, had filed a no-case submission, arguing that the prosecution failed to establish a prima facie case linking him to the alleged offences.
However, on October 28, Justice Omotosho dismissed the application, ruling that the prosecution had presented sufficient evidence to warrant the defendant to enter his defence.
“The court finds that there is a case to answer. The defendant is therefore ordered to open his defence,” the judge ruled at that time.
Since then, the defence has repeatedly sought adjournments, citing lack of access to case files and the need to consult with Kanu, who remains in the custody of the Department of State Services (DSS).
Tuesday’s Proceedings
At Tuesday’s resumed hearing, prosecution counsel Adegboyega Awomolo (SAN) urged the court to invoke Section 287 of the Administration of Criminal Justice Act (ACJA), which allows the court to compel a defendant to proceed with his defence or forfeit the opportunity.
He argued that the repeated delays by the defence were deliberate tactics to stall the trial, which has been pending for years.
“My Lord, this matter has been adjourned severally for the defendant to open his defence, but he has refused to do so. The prosecution has closed its case. The court must ensure the law takes its course,” Awomolo said.
In response, Kanu’s lead counsel, Ifeanyi Ejiofor, pleaded for a further adjournment, claiming that the defence team had not received all necessary documents from the prosecution and that their client’s detention conditions made adequate preparation difficult.
But Justice Omotosho refused the request, ruling that the court would no longer entertain excuses or unnecessary adjournments.
“This matter has dragged for too long. The defendant and his counsel have had sufficient time to prepare. This court will not allow further delays. The defence must open its case on November 5 or lose the right to do so,” the judge declared.
Kanu’s Absence and Security Presence
Kanu, who was present in court under heavy security escort from the Department of State Services (DSS), appeared calm throughout the proceedings but declined to address the court directly.
Security within and around the Federal High Court premises was tight, with dozens of armed DSS operatives, police officers, and military personnel stationed at strategic points to prevent any disruption.
Supporters of the IPOB leader, who had gathered near the court premises, were barred from entering, though they chanted solidarity songs and demanded his unconditional release.
Government’s Position
The Federal Government has consistently maintained that Nnamdi Kanu’s trial has nothing to do with political persecution, insisting that the charges against him are strictly criminal and based on evidence of incitement and violent agitation.
Officials have accused Kanu of using Radio Biafra, a now-defunct separatist broadcasting platform, to promote hate speech, incite violence, and coordinate attacks on security personnel and government institutions in the South-East.
A senior government official, who spoke on condition of anonymity, said the court’s latest directive was “a clear message that judicial delay will no longer be tolerated.”
“This case has gone on for years, and the Nigerian state has shown restraint. The law must now take its course,” the official said.
Defence Team’s Reaction
Reacting to the court’s ruling, Kanu’s lawyer, Ifeanyi Ejiofor, expressed disappointment, describing the directive as “unfair and prejudicial.”
He argued that the defence team was still being denied adequate access to their client in DSS custody, making it impossible to prepare effectively.
“Our client’s constitutional right to a fair hearing is being undermined. We cannot defend him properly under these conditions. We will consider all available legal options, including an appeal,” Ejiofor said.
He further alleged that several of the charges against Kanu were politically motivated and should have been dismissed.
Legal Experts React
Legal analysts say the court’s order underscores the judiciary’s growing frustration with the prolonged nature of the case, which has attracted international attention.
Constitutional lawyer Dr. Monday Ubani said the directive aligns with the ACJA’s provisions designed to prevent unnecessary delays in criminal trials.
“The judge is right to give a final deadline. Justice delayed is justice denied — both to the defendant and to the state,” Ubani noted.
However, another legal practitioner, Barrister Chinyere Agwu, cautioned that the court must balance procedural efficiency with the defendant’s right to a fair hearing.
“While the court has discretion to limit delays, it must ensure the defence has truly been given a fair opportunity to prepare. Anything less could lead to an appeal or mistrial,” she said.
Next Steps
The case has been adjourned to November 5, 2025, for the defence to open its case. Should Kanu and his lawyers fail to do so, the court may proceed under Section 287 of the ACJA to consider the matter based solely on the prosecution’s evidence.
If convicted, Nnamdi Kanu could face a lengthy prison sentence for terrorism-related offences. However, if the defence succeeds in raising doubts about the prosecution’s claims, the court could dismiss the charges.
As the case enters a decisive phase, observers say the November 5 deadline will be a make-or-break moment for Kanu’s legal battle and a major test of Nigeria’s commitment to due process and judicial independence.
