The trial of Nnamdi Kanu, leader of the Indigenous People of Biafra, stalled again on Friday when the defendant told the Federal High Court in Abuja that his former legal team had not handed over his case file, forcing Justice James Omotosho to adjourn the commencement of the defence until Monday, 27 October.
The hearing was short but consequential. It exposed fresh fault lines in a prosecution. The prosecution has been marked by repeated delays, jurisdictional skirmishes, and parallel claims about the legality of IPOB’s proscription.
Kanu appeared in the dock with a bundle of documents. He was without counsel. He had disengaged his lawyers on 23 October. He told the court that Chief Kanu Agabi (SAN) had led the team. They had not handed over his case file for review. He asked for time to obtain and study the material before opening his defence.
The prosecution, represented by Adegboyega Awomolo (SAN), described the complaint as “strange.” This was because the former counsel had spent significant time in court earlier. Still, the judge granted the short adjournment. He warned against further delay.
Beyond the procedural pause, Kanu told the court he intends to call 23 witnesses. The list includes international witnesses. These witnesses are said to live in countries like Ethiopia and Kenya.
He urged the court to issue a directive. He asked that the Department of State Services allow foreign witnesses access to him while in detention. He also requested the court to allow his lawyers to visit on non-working days. The judge acceded to these requests in part.
The logistics of compelling foreign testimony add another practical layer to the case. Ensuring access to a detained defendant also contributes to the complexity. These factors make what is already a legally fraught case even more challenging.
Crucially, the defendant has filed a fresh notice of objection. This notice reprises several constitutional challenges. It also refines the challenges long in the background of this prosecution.
The motion seeks declarations that the continued prosecution under the now-repealed Terrorism (Prevention) Amendment Act 2013 is unlawful. It argues that an ex-parte proscription order obtained without notice can’t ground criminal liability. Furthermore, it claims that Kanu’s alleged extraordinary rendition from Kenya in 2021 deprived the court of jurisdiction.
The motion also asks the court to strike out multiple counts on double jeopardy grounds. It also seeks to nullify proceedings that, Kanu says, breached his right to confidential legal communication. Those reliefs, if sustained, dramatically narrow or vitiate large parts of the prosecution.
To understand the stakes it is necessary to recall the case’s troubled history. Kanu first came under criminal investigation in 2015. He fled the country in 2017 while on bail. Kanu was rearrested in Kenya in 2021 and returned to Nigeria. This move is described by his lawyers and some international observers as an extraordinary rendition.
The trial has since been marked by recusals and medical reports. It has involved no-case applications and repeated adjournments under successive judges. The most recent adjournment was under Justice Omotosho. International agencies and major news wires have repeatedly flagged the series of delays and the contest over due process.
A central legal battleground remains the proscription of IPOB. The Federal Government announced a proscription order against IPOB in 2017. That action has been contested in multiple forums. Challenges have occurred at different times.
A Federal High Court ruling once found that IPOB was not an unlawful society. Still, appellate courts later upheld proscription decisions. The tug of war over the legality and timing of proscription is not academic.
If a proscription that underpinned parts of the prosecution was obtained improperly, Kanu’s challenge argues that these counts can’t stand. This is because they are grounded on that proscription.
From an investigative vantage the recent adjournment raises three practical questions that bear close watching.
First, why was the case file not handed over after the abrupt termination of counsel? What does the record of handover look like in court filings? How is it documented in custody logs at the DSS facility where Kanu is held?
Second, how will the court manage the compellability of foreign witnesses? How will it secure their testimony? This must be done while preserving the defendant’s rights under the Evidence Act and relevant treaties.
Third, what weight will the court give to the fresh notice of objection? This notice foregrounds rendition and double jeopardy. It also involves the application of a repealed statute.
The judge’s audible impatience with delay reflects a wider judicial concern. Justice Omotosho told counsel publicly that unnecessary adjournments have already held up other cases.
For a courtroom already conspicuous for its procedural gymnastics, the situation is complex. It requires balancing a fair defence and protecting the calendar of justice.
The next hearing on 27 October will be telling. If Kanu opens his defence on that date the trial will move into its evidential phase. If the notice of objection is given precedence, the prosecution face protracted interlocutory skirmishes.
For now the central facts are procedural and juridical. The defendant has signalled an intention to defend himself and to call a significant witness list. He has at the same time mounted a constitutional campaign to nullify key pillars of the prosecution. The court has paused to allow the defendant access to his file and to arrange visitation for counsel.
The coming days will reveal whether the adjournment was a brief tactical interlude. It is also the prelude to a renewed chapter of legal challenges. These challenges reshape the broader fight over secessionist agitation. They also impact how Nigeria prosecutes what it designates as terrorism.
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