Court threatens to ‘make necessary orders’ as Kanu’s defence stalls

News Express |25th Oct 2025 | 109
Court threatens to ‘make necessary orders’ as Kanu’s defence stalls




A Federal High Court in Abuja has threatened to invoke its powers “to make the necessary orders” should the detained self acclaimed leader of the proscribed separatist group Indigenous People of Biafra (IPOB), Nnamdi Kanu, fail to utilise the opportunity accorded him to conduct his defence in the terrorism charges against him.

Justice James Omotosho said this while adjourning further hearing in Kanu’s terrorism trial till October 27 following an oral application for adjournment by the defendant, who is currently conducting his case after sacking his lawyers on Thursday.

At the resumption of proceedings on Friday, prosecuting lawyer, Adegboyega Awomolo, SAN, told the court that the case was scheduled for defence and that he was ready.

When it was his turn to speak, Kanu said he would be representing himself, and then told the court that he would not be able to open his defence as earlier planned, because he had not been able to access the case-file.

He said his lawyers left him on October 23, and since then he had not been given the case-file.

Kanu said those who were to bring the case-file to him in the custody of the Department of State Services (DSS), where he was being held, were unable to do so.

He prayed the court for an adjournment till Monday, October 27 to enable him access the case-file and familiarise himself with its contents.

Kanu told the court that he was expecting witnesses from all over the world, including the United Kingdom, the United States of America, Kenya and Ethiopia.

He applied for an order that the DSS should allow him access to people even on Saturday and Sunday for the purpose of preparing his defence.

When asked by the judge if he was aware that Kanu was calling witnesses from outside the country, Awomolo said he did not know where the defendant’s proposed witnesses were coming from, but he knew that Kanu listed a number of people who he planned to call.

Awomolo said the prosecution was only interested in the defendant bringing his witnesses to court to conduct his defence as ordered by the court.

He urged the court to note that Kanu has expended two, out of the six days allocated to him to open and close his defence, without being able to begin his defence.

Awomolo said: “The court should note that he (Kanu) has six days. He has spent two days, including today. I urge the court to stick with the case schedule earlier announced.”

In his intervention, Justice Omotosho expressed doubt if the leader of Kanu’s former legal team, Kanu Agabi (SAN) would hold on to the defendant’s case-file after he announced his withdrawal from the case.

He noted that the defendant did not raise the issue the previous day (Thursday) when Agabi and other senior lawyers in his former legal team were in court.

The judge recalled that when he granted accelerated hearing in the case, none of the parties objected. He said days were accordingly allocated to each side to conduct its case. He added: “I will still stick to those numbers of days.”

Justice Omotosho said although he did not believe that Agabi would keep the case-file after withdrawing from the case, he would grant the adjournment sought by Kanu in the interest of justice and fair hearing.

The judge said: “The defendant has sought an adjournment till Monday for him to open his defence. The court will grant that request.

“The right under Section 36 of the Constitution is a sacred right. The right is more than giving opportunity to the defendant. The right is not that the defendant must be compelled to exercise the right.

“Now that the opportunity is not being used, I want to beg the defendant in the name of the Almighty God to utilise this opportunity.”

Justice Omotosho noted that Kanu’s failure to utilise the opportunity was denying other defendants in other cases before his court the opportunity to have their cases heard.

He added: “If the opportunity is not utilised, the court will not hesitate to invoke its powers.

“We should make use of the judicial time given to us. The court will not continue to waste its time.

“At the appropriate time, the court will invoke its powers and make the necessary orders,” the judge said.

Justice Omotosho noted that although Kanu did not provide evidence that the DSS was eavesdropping on his interactions with his lawyers, the court granted his request to meet with his lawyers in the courtroom on October 22.

The judge said he was surprised that the defendant and his legal team did not fully utilise the time allocated to them for that meeting, which was between 9am and 2pm.

He then declared: “Henceforth, this court will not grant such an opportunity again. The claim that the DSS is eavesdropping on his interactions with his lawyers was not supported by evidence.

“The DSS should provide him with opportunities to meet with his counsel. The DSS should give him access to his counsel even on Saturday and Sunday,” the judge said and adjourned till October 27.

A Magistrate’s Court in Kuje, Abuja has granted bail to politician and online publisher, Omoyele Sowore, and 13 others arrested during Monday’s protest staged by them in the Federal Capital Territory (FCT) to compel the Federal Government to release Nnamdi Kanu, who is undergoing terrorism trial.

They were arraigned on Friday before Magistrate Abubakar Umar Sai’id on two First Information Reports (FIRs) filed by the Nigeria Police Force (NPF).

Named along with Sowore in the FIR are: Barrister Aloy Ejimakor (a member of the legal team sacked by Kanu on Thursday), Prince Emmanuel Kanu (said to be Kanu’s relative), Joshua Emmanuel and Bishop Wilson Anyalewechi.

Others are: Barrister Okere Kingdom Nnamdi, Clinton Chimeneze, Gabriel Joshua, Isiaka Husseini, Onyekachi Ferdinand, Amadi Prince, Edison Ojisom, Godwill Obioma and Chima Onuchukwu.

The 13 are charged with criminal conspiracy, disobedience of order promulgated by public officer, inciting disturbance and disturbance of public peace.

The police said the offences are contrary to sections 152, 114 and 113 of the Penal Code Law.

The FIRs read:

*That on 20 day of October, 2025, you (1). Barrister Aliyu Ejimakor, (2). Prince Emmnauel Kanu, (3). Joshua Emmanuel, (4). Bishop Wilson Anyalewechi, (5). Barrister Okere Kingdom Nnamdi, (6). Clinton Chimeneze, (7). Gabriel Joshua, (8). Isiaka Husseini, (9). Onyekachi Ferdinand. (10). Amadi Prince, (11). Edison Ojisom, and (12). Godwill Obiama, all male adults of FCT Abuja were arrested by a team of security agents in different locations within FCT while involving yourselves in inciting disturbance, and breach of public peace in disobedience to a court order, denying other citizens the freedom of movement, disrupting free flow of traffic while chanting war songs and requesting for the release of Nnamdi Kanu, who is undergoing lawful trial at the Federal High Court in a manner that threatens national security.

You thereby committed the above mentioned offences.

*That on 20th day of October, 2025, you Chima Onuchukwu male adult of Ebonyi state, was arrested by a team of police officers at gate 8, Aso Villa, FCT Abuja, while carrying placards written, “Free Nnamdi Kanu” and inciting disturbance, and breach of public peace in disobedience to a court order, and denying others citizens the freedom of movement, disrupting free flow of traffic while chanting war songs and requesting for the release of Nnamdi Kanu, who is undergoing lawful trial at the Federal High Court in a manner that threatens national security. You thereby committed the above mentioned offences.

They pleaded not guilty when their alleged offences were read to them during yesterday’s proceedings. Shortly after, their lawyers argued their bails, which the court granted with conditions.

Each of them was granted bail at N500,000 with two sureties in like sum. They were each required to submit their passports, present a verified National Identification Number (NIN) and a three-year tax clearance certificate as part of the conditions.

The court adjourned further hearing till December 15.

Meanwhile, a Federal High Court in Abuja has fixed October 27 for the arraignment of Sowore and two others on a separate charge filed by the Department of State Services (DSS) in which he is accused of making false claim against President Bola Tinubu by calling him a criminal.

The two other defendants listed in the five-count charge, marked: FHC/ABJ/CR/484/2025 are X Incorp (formerly Twitter) and Meta (Facebook) Incorp.

The charge was filed on September 16, few days after an earlier request by the DSS on Facebook and X, the platforms allegedly deployed by Sowore for the said false claim, to pull the misleading message down.

In the charge, Sowore, a serial presidential candidate of the African Action Congress (AAC), is accused of contravening the provisions of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024 and the Criminal Code Act.

Their arraignment was to be held before Justice Mohammed Umar on September 30, but was postponed to October 27 when a defence lawyer, Marshall Abubakar, told the court that his client was not yet served with the charge sheet as required.

Abubakar, who represented Sowore, noted that one of the defendants – X Incorp – was not represented by either a lawyer or an official and claimed that his client was not yet served with the charge.

The defence lawyer contented that in a criminal case, it is mandatory that all the defendants are present in court for a proper arraignment to take place.

At that point, the judge, Justice Umar, looked through the case-file and confirmed that X and Meta were served with the charge electronically, through their email addresses.

On noting that Sowore was yet to be served personally (as required), the prosecuting lawyer sought the court’s permission to serve Sowore (who was in court) during the proceedings, a request the judge granted.

Sowore’s lawyer, however, prayed for an adjournment to allow his client, who was just served the charge, adequate time and opportunity to prepare for his defence as provided under Section 282(6) of the Administration of Criminal Justice Act (ACJA) 2015.

Counts in the charge read:

*That you, Omoyele Sowore, adult, male on or about the 25th day of August, 2025 did use your official X handle page, @Yele Sowore, to send out a message/ tweet as : ‘This criminal @officialPBAT actually went to Brazil to state that there is no more corruption under his regime in Nigeria. What audacity to lie shamelessly,’ which you know the said message to be false but posted it for the purpose of causing a breakdown of law and order in the country, especially among individuals, who hold divergent views on the personality of the President and CommanderinChief of the Armed Forces of the Federal Republic of Nigeria, Bola Ahmed Tinubu (GCFR) and thereby committed an offence contrary to Section 24 (1) (b) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.

*That you, Omoyele Sowore, adult male on or about the 26th day of August, 2025 did use your official Facebook page, Omoyele Sowore, to send out a message/ post as : ‘This criminal @officialPBAT actually went to Brazil to state that there is no more corruption under his regime in Nigeria. What audacity to lie shamelessly,’ which you know the said message/post to be false, but posted it for the purpose of causing a breakdown of law and order in the country, especially among individuals who hold divergent views on the personality of the President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria, Bola Ahmed Tinubu (GCFR) and thereby committed an offence contrary to Section 24 (1) (b) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.

*That you, Omoyele Sowore, adult, male on or about the 25th day of August, 2025 using the instrumentality of X, via your official X account @Yele Sowore, did knowingly published defamatory material on your online platform viz: ‘This criminal @officialPBAT actually went to Brazil to state that there is no more corruption under his regime in Nigeria. What audacity to lie shamelessly,’ against the personality and reputation of the President and Commander _inChief of the Armed Forces of the Federal Republic of Nigeria, Bola Ahmed Tinubu (GCFR) and thereby committed an offence contrary to Section 375 of the Criminal Code Act.

*That you, Omoyele Sowore, adult, male on or about the 26th day of August, 2025 using the instrumentatity of Facebook, via your official Facebook account Omoyele Sowore, did knowingly published defamatory material on your online platform viz: ‘This criminal @officialPBAT actually went to Brazil to state that there is no more corruption under his regime in Nigeria. What audacity to lie shamelessly,’ against the personality and reputation of the President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria, Bola Ahmed Tinubu (GCFR) and thereby committed an offence contrary to Section 375 of the Criminal Code Act.

*That you, Omoyele Sowore, adult, male on or about the 26th day of August, 2025 with intent to cause public fear and disturbance, published false information on your official X and Facebook accounts @Yele Sowore, respectively, against the personality and reputation of the President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria, Bola Ahmed Tinubu (GCFR) and thereby committed an offence contrary to Section 59 of the Criminal Code Act and punishable under the same Act. (THE NATION)




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