In a significant development in the ongoing high-profile trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), the Federal High Court in Abuja has granted him yet another opportunity to respond to the terrorism charges filed against him by the Federal Government. This decision reflects the court's continued effort to balance due process with the gravity of the case at hand, ensuring that Kanu has the legal space to consult his team and prepare a proper defence before the matter proceeds further.
The court has formally scheduled November 7, 2025, for Kanu to either begin presenting his defence or formally waive his right to do so. Notably, this marks the fourth occasion on which the court has extended such an opportunity, highlighting both the persistence of the judicial process and the complexities surrounding Kanu's legal arguments.
Kanu has consistently challenged the legitimacy of the charges against him, maintaining that the laws under which he is being tried are no longer valid. He has argued that the Terrorism Prevention and Prohibition Act, which forms the basis of his trial, has been repealed, and that the Federal Government has failed to amend the charges in line with the directives of the Supreme Court. He contends that continuing the trial without proper updates violates his constitutional right to a fair trial and undermines the rule of law.
Prosecution closure and Kanu’s position
The prosecution closed its case in June 2025, calling a total of five witnesses to testify. Despite this, Kanu has refrained from opening his defence, citing legal technicalities and claiming that the charges have no standing. During court proceedings, he repeatedly emphasized that he would only engage with the trial after consulting with his team of legal experts, asserting that proceeding without addressing the legal inconsistencies would be tantamount to an unfair trial.
Justice James Omotosho, presiding over the case, acknowledged Kanu’s concerns regarding the charges and the need for him to consult with his lawyers. While the judge reaffirmed that a prima facie case exists against Kanu, he also stressed the importance of ensuring that the defendant has sufficient opportunity to exercise his rights. The court thus allowed an adjournment to facilitate proper legal consultation, demonstrating a commitment to due process in a highly sensitive and politically charged trial.
Legal team and adjournment
Kanu has indicated that he intends to consult with prominent legal practitioners, including Nnaemeka Ejiofor, Aloy Ejimakor, Maxwell Okpara, and Mandela Umegborogu, before taking further steps in his defence. Justice Omotosho granted this request, emphasizing that the court must maintain fairness and uphold the principle that every defendant is entitled to competent legal representation.
The Federal Government, represented in court by senior counsel Adegboyega Awomolo, urged the judge to enforce previous orders requiring Kanu to respond to the charges. However, Justice Omotosho opted to prioritize the extension of the opportunity in the interest of justice, highlighting the delicate balance between enforcing the rule of law and respecting individual rights.
Next steps in the trial
The case is set to resume on November 7, 2025, when Kanu must either officially open his defence or formally waive his right to do so. Given the high-profile nature of the trial and the broader political implications, proceedings are expected to attract significant attention from the public, media, and political stakeholders. Legal analysts have noted that the upcoming hearings may prove pivotal in determining both the trajectory of Kanu’s trial and the interpretation of procedural fairness in terrorism-related cases in Nigeria.
Observers continue to monitor the trial closely, particularly because of the broader social and political sensitivities involved. Kanu’s persistent legal arguments, combined with the court’s measured approach to due process, underscore the complex interplay between law, politics, and civil rights in one of Nigeria’s most closely watched trials in recent years.