The Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu, yesterday made a U-turn on his earlier plan to call witnesses in his defence in his ongoing trial for alleged terrorism at the Federal High Court Abuja. Kanu had written to the court indicating his intention to call witnesses and applied for a witness summons.

The court on October 24 adjourned till October 27 to enable him to open his defence. At the resumed trial, Kanu told the court that he had realised that there was no valid charge against him and that the evidence led so far had not established any case against him to require him to enter a defence.

The court had reserved about five seats, with each labelled “summoned witness” for Kanu to enter defence. When the case was called, lawyer for the Federal Government Adegboyega Awomolo (SAN) announced his appearance alongside other lawyers for the prosecution. Kanu also announced his name and said he was representing himself.

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 was no extant law in the country on which the prosecution could premise its case. He said: “There is no case against me. If there is no case against me, it will be futile for me to enter any defence.”

But Justice James Omotosho explained that in a criminal trial, the defendant only has three options after the prosecution has closed its case. He 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.

According to the court, where a defendant chooses not to open their defence or conduct any defence at all, they could 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.” Awomolo then called for an adjournment. He said: “I take it that the defendant said he is not putting in any defence, because there is no valid charge against him. “I want to submit that this position is conclusive in the defendant’s defence.

I know that he took a plea to the counts against him and he pleaded not guilty.” Justice Omotosho advised Kanu to consult experts before he decides on how to proceed henceforth. The judge then gave Kanu four days from Monday, within which he should file his written address and serve it on the prosecution to enable the prosecution to reply.

He 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.