The ongoing terrorism trial of Mazi Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), continued to experience delays on Friday as he failed for the second consecutive day to open his defence at the Federal High Court in Abuja.
Mazi Kanu, who has chosen to represent himself in the high-profile trial, informed Justice James Omotosho that his former legal team had not handed over the case file.
“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 stated, requesting an adjournment to prepare adequately.
The IPOB leader also highlighted logistical challenges, noting that his defence witnesses were expected from multiple countries, including Ethiopia, Kenya, and the United States.
In a motion filed on October 21, Kanu listed 23 witnesses he intended to call, divided into two categories: “ordinary but material witnesses” and “vital and compellable witnesses,” the latter of whom he sought to summon under Section 232 of the Evidence Act, 2011.
He urged the court to allow extended access beyond the usual two-hour visits every Monday, Wednesday, and Friday at the Department of State Services (DSS) facility, citing the number of witnesses he needs to prepare.
“I will want the court to make an order so that these people can have access to me,” he added.
Representing the Federal Government, Chief Adegboyega Awomolo, SAN, acknowledged Kanu’s request but emphasised adherence to a standing order directing the defendant to complete his defence within six days.
“The defendant wasted yesterday. This is the second day, my lord. I urge your lordship to keep to the standing order,” Awomolo said, noting that court bailiffs have been attempting to serve subpoenas to the witnesses Kanu listed.
Justice Omotosho observed that while Kanu is entitled to defend himself under Section 36 of the Constitution, he could not be compelled to do so.
He also expressed surprise that Kanu’s former lead counsel, Chief Kanu Agabi, SAN, had not released the case file, but granted an adjournment to facilitate its handover.
The judge also ordered that Kanu be allowed access to his counsel on non-working days, specifically Saturday and Monday, to prepare his defence.
The judge further highlighted that the court had previously created two sessions, morning and afternoon to expedite Kanu’s trial while ensuring other cases before the court were not delayed.
He further stressed that failure to utilise the opportunity granted could impact other defendants, citing ongoing trials involving foreign nationals in the same court.
Consequently, the court adjourned the matter until Monday, October 27, when Kanu is expected to formally open his defence.
