The detained leader of the Indigenous People of Biafra, Nnamdi Kanu, will today know his fate in the prolonged legal battle with the Federal Government.
A court, presided over by Justice James Omotosho of the Federal High Court in Abuja, is expected to rule on a series of applications filed by both Kanu and the Federal Government, including a request by the IPOB leader challenging the competence of the charges against him and seeking his release on the grounds of alleged unlawful detention and infringement of his fundamental rights.
Kanu has been in the custody of the Department of State Services since June 2021, following his controversial interception and return to Nigeria from Kenya in circumstances his lawyers describe as “extraordinary rendition”.
He is facing seven terrorism-related charges bordering on alleged incitement, running an unlawful group, and acts threatening national security—allegations he vehemently denies.
Justice Omotosho, on November 7, fixed Thursday to deliver judgment in the charges brought against Kanu.
Justice Omotosho announced the date while ruling on the matter after Kanu failed to open his defence, having exhausted the six days allocated to him by the court to present his defence.
While Kanu failed to open his defence after the prosecution closed its case, the IPOB leader filed a fresh motion challenging his trial.
He stated that the earlier Terrorism Prevention and Prohibition Act had been repealed, and as such, there are no valid charges against him.
He asked the court to expunge from its record “the purported plea of not guilty entered by him,” claiming it was based on deception and in defiance of the Supreme Court’s decision.
He also sought an order setting aside all subsequent proceedings, arguing that they were founded on a nullity.
Kanu further asked the court to hold that the charges disclosed no offence known to law, as they were allegedly based on a repealed terrorism law. He requested an order striking out the charge for want of jurisdiction and directing his release.
He urged the court to dismiss the charges and allow him to go home.
However, Justice Omotosho had held that since Kanu failed to utilise the opportunity granted to him to conduct his defence, he could not claim to have been denied his constitutionally guaranteed right to a fair hearing.
Justice Omotosho reiterated the court’s position that no ruling or preliminary objection would be determined at this stage.
He noted that the case was filed in 2015 but suffered delays before being re-assigned to his court earlier this year, where it received an accelerated hearing.
He stated that the prosecution called five witnesses and tendered several exhibits before closing its case on June 19, 2025.
The judge observed that multiple adjournments were granted at the instance of the defendant, who sought to cross-examine prosecution witnesses.
He recalled that Kanu’s no-case submission was earlier overruled, and the defendant was directed to open his defence.
Omotosho emphasised that the court had ensured a fair hearing, but noted that Kanu, despite initially agreeing to enter his defence, abandoned it and began claiming that there was no existing law under which he was being tried.
He said the defendant had not demonstrated seriousness in the proceedings, adding that he had personally appealed to Kanu “in God’s name” to present his defence and engage counsel.
Citing Supreme Court authorities, Omotosho held that if a defendant fails to utilise the opportunity of a fair hearing, the court cannot compel him to enter his defence.
The judge ruled that it was on this basis that Kanu had waived his right to defence and proceeded to fix a date for judgment.
Kanu’s legal journey has been marked by numerous adjournments, court orders, appeals, and counter-applications.
In October 2022, the Court of Appeal discharged him of all charges and ordered his release, ruling that his rendition from Kenya violated international law. The Federal Government immediately appealed to the Supreme Court, which later set aside the appellate court’s decision and ordered that he return to the trial court.
His continued detention has remained a contentious issue, attracting widespread national and international attention. Various groups, including Igbo socio-cultural organisations, human-rights activists, and political leaders from the South-East, have repeatedly called for his release, arguing that it would help de-escalate rising insecurity in the region. The Federal Government, however, maintains that he has a case to answer and insists
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