Justice James Omotosho of the Federal High Court, Abuja, has signed witness summons requested by Nnamdi Kanu to compel the Minister of the Federal Capital Territory, Nyesom Wike, and 22 other prominent Nigerians to testify in his ongoing terrorism trial.

The judge announced in court on Thursday that the summons are ready for dispatch to all listed witnesses, which include Imo State Governor Hope Uzodinma, Lagos State Governor Babajide Sanwo-Olu, and former Chiefs of Army Staff, General T.Y. Danjuma and Tukur Buratai.

These individuals are part of a group of notable Nigerians whom Kanu, the detained leader of the Indigenous People of Biafra (IPOB), listed in his notice to defend filed on October 21. Justice Omotosho directed Kanu to collect and serve the summons individually as required by law.

Kanu Dismisses Legal Team

In a dramatic turn of events at Thursday's proceedings, Kanu announced that he had fired his entire legal team and would now conduct his own defense. When the prosecution team led by Adegboyega Awomolo, SAN, announced their appearance, Kanu Agabi, SAN, who had been leading Kanu's defense, informed the court that they were only present out of respect for the court.

"The reason for our decision is because the defendant has taken this case back from us and we respect that," Agabi explained. He listed other Senior Advocates of Nigeria withdrawing from the case, including Onyechi Ikpeazu, Joseph Akubo, Paul Erokoro, and Emeka Etiaba.

Justice Omotosho then ordered other members of the defense team, except the SANs, to vacate the courtroom immediately, which they did.

Jurisdictional Challenge

When asked to open his defense, Kanu instead raised jurisdictional objections on four grounds. First, he claimed the Federal Government was in contempt of a Court of Appeal judgment that allegedly ordered his acquittal and release. Second, he argued that the Terrorism Prevention (Amendment) Act 2013 and Customs and Excise Act under which he was charged are repealed laws.

His third ground was that his continued detention by the Department of State Services (DSS) denied him adequate consultation with his lawyers. Finally, he alleged that the medical report submitted to the court certifying him fit to stand trial was forged, claiming his blood and urine samples were never obtained for analysis.

In response, Awomolo argued that Kanu's claims should be presented in a sworn affidavit rather than oral submissions. He countered that the Court of Appeal judgment Kanu referenced was set aside by the Supreme Court on December 15, 2023, and dismissed the allegation of a forged medical report.

Court's Decision

Justice Omotosho noted that the issues raised by Kanu were substantially addressed in his no-case submission ruling delivered on September 26. He reminded Kanu that the court had previously accommodated his request for private consultation with his lawyers.

"I call upon and appeal to the defendant to open his defense. I beg the defendant, in the name of the Almighty God, to comport himself and conduct his defense," the judge urged. "This is the opportunity that the Constitution gives him under Section 36. It is a right that he can exercise or waive either expressly or by conduct."

Following an intervention by Ikpeazu requesting time for Kanu to prepare, and Kanu's own plea for adequate facilities to defend himself as guaranteed by Section 36 of the Constitution, Justice Omotosho adjourned the case until Friday, October 24, for Kanu to open his defense.

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