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Nnamdi Kanu faces critical deadline as court warns he may lose right to defend himself

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The embattled leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, is facing a perilous turning point in his long-running legal battle with the Nigerian government. The Federal High Court in Abuja has once again given him until November 7 to defend himself against terrorism charges—or risk permanently losing his right to do so.

The decision, delivered by Justice James Omotosho, carries grave implications for Kanu’s fate. If he fails to open his defense on the new date, the court could proceed without him, effectively leaving him vulnerable to conviction without representation.

During a tense hearing on Wednesday, Kanu stood his ground, refusing to recognize the validity of the charges. He argued that the Terrorism Prevention and Prohibition Act, under which he is being tried, has been repealed, and therefore, “no valid trial can proceed under a dead law.”

“I cannot put up a defense under a repealed law. I won’t do that,” Kanu told the court defiantly, his voice echoing the frustration of a man who believes the system has turned against him.

Despite the judge’s repeated pleas for him to “keep his gunpowder dry” and cooperate with his lawyers, Kanu maintained that the federal government had disobeyed the Supreme Court’s directive to amend the charges before proceeding. That failure, he insisted, had rendered the entire case illegal and void.

Observers fear that Kanu’s continued resistance could be misinterpreted as defiance, giving the court grounds to waive his right to defense—a move that could fast-track a judgment against him.

The atmosphere in court was tense as Kanu later agreed, reluctantly, to consult with his four legal advisers — Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara, and Mandela Umegborogu — before deciding whether to open his defense.

But the warning from Justice Omotosho was unmistakable:

“You have until November 7 to open your defense or waive your right.”

The federal government’s lead counsel, Adegboyega Awomolo, SAN, had urged the court to enforce that directive strictly, pressing for the proceedings to move forward without further delay.

For Kanu, who has been in detention since 2021 under heavy security, the coming days could determine whether he will finally have a fair chance to defend himself.

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