Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has filed an application at the Court of Appeal in Abuja, praying for an order to stop further proceedings in his ongoing terrorism trial before Justice James Omotosho of the Federal High Court. The application, a motion on notice dated 10 November but filed on 12 November, specifically seeks “an order staying the proceedings of the trial court… pending the hearing and determination of the appeal.”
The development is aimed at halting the delivery of judgment by Justice Omotosho, which had been fixed for 20 November. The judge had foreclosed Mr Kanu’s defence after the IPOB leader, who is representing himself, insisted he would not enter a defence under what he claimed were repealed laws. Mr Kanu had questioned the court’s jurisdiction and the validity of the seven-count charge, arguing that the Terrorism (Prevention) (Amendment) Act, 2013, and the Customs and Excise Management Act, Cap C45 LFN 2004, on which the charge was hinged, had been repealed.
Mr Kanu’s appeal urged the Appellate Court to review the trial court’s decisions on his no-case submission, its refusal to determine its jurisdiction, and the validity of the counts under which he is being tried. He also challenged the Federal High Court’s “foreclosure of the appellant’s right to defend the case by fielding witnesses.” In his nine-ground argument, Mr Kanu stated that despite the jurisdictional questions raised, the trial court refused to rule on them, choosing only to address the objections during the final judgment.
The IPOB leader argued that if the stay of proceedings is not granted, he “may be unlawfully convicted without being afforded the opportunity of knowing the validity of the counts, the jurisdiction of the trial court, and offering defence on the merits.” He further claimed that the trial court’s action foreclosed his right to defend against the “heinous allegations” levelled against him. Justice Omotosho had ruled that Mr Kanu had waived his right to conduct a defence after exhausting the six days allocated to him for that purpose.
