The Federal High Court in Abuja, presided over by Justice James Omotosho, on Thursday, October 24, declined to entertain the preliminary objections raised by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), regarding his terrorism trial. The court ordered him to open his defence on Friday, ruling that the jurisdictional issues presented by Mr. Kanu had been previously decided. However, the judge assured Kanu that he could revisit these issues in his final written address.

A significant turn of events occurred earlier on Thursday when Mr. Kanu abruptly announced the disengagement of his legal team, led by Senior Advocate of Nigeria (SAN), Kanu Agabi. Kanu, who faces terrorism charges for his advocacy for a sovereign Biafra state, declared his intention to defend himself without legal assistance. The legal team, including Agabi, Onyechi Ikpeazu, Joseph Akubo, Paul Erokoro, and Emeka Etiaba, formally withdrew from the case, citing respect for their client's decision to conduct his own defence. Agabi stated outside the courtroom that Kanu has the constitutional right to represent himself.

Following his legal team's withdrawal, Mr. Kanu, through an oral application, challenged the court's jurisdiction on four grounds. Firstly, he accused the federal government of contempt of a Court of Appeal order that had discharged him, claiming he remained in detention for 14 months despite the ruling. However, this assertion sidestepped the Supreme Court's December 2023 decision, which overturned the Appeal Court's ruling and mandated his return to the Federal High Court for trial. Secondly, Kanu argued that the law under which he was being tried had been repealed. Thirdly, he alleged denial of fair hearing due to insufficient consultation with his lawyers during his nearly five years in custody, highlighting the need for adequate preparation for a capital offense trial. Lastly, he claimed that the medical report relied upon by the court to declare him fit for trial was forged, citing a discrepancy in dates and asserting that no blood or urine samples were taken from him.

Prosecution lawyer Adegboyega Awomolo, SAN, countered Kanu's submissions, stating they were not based on known court procedure and that the Supreme Court had already set aside the Appeal Court judgment on December 15, 2023. Justice Omotosho reiterated that most of Kanu's objections, particularly on jurisdiction, had been previously determined in a September 26 ruling that found he had a case to answer. The judge also maintained his earlier ruling on the medical report, noting that neither party objected when it was initially tendered. He also affirmed his commitment to an accelerated hearing.

Despite the judge's insistence, Onyechi Ikpeazu, appearing as a friend of the court, intervened to request an adjournment. He pleaded for time for Kanu to gather his thoughts and prepare his defence, given the sudden withdrawal of his legal team. Kanu echoed this, stating he had not had sufficient time for preparation, having only had three hours in the courtroom the previous day. The prosecution did not object to the request, leading Justice Omotosho to adjourn the matter until Friday, October 24, for Kanu to open his defence.

Meanwhile, Justice Omotosho confirmed that he had signed witness summons requested by Kanu for 23 prominent Nigerians to give evidence in his trial. These include the Minister of the Federal Capital Territory, Nyesom Wike; Imo State Governor, Hope Uzodinma; Lagos State Governor, Babajide Sanwo-Olu; former Minister of Defence, Gen. Theophilus Danjuma (Rtd); and former Chief of Army Staff, Gen. Tukur Buratai (Rtd). Kanu, in a motion filed on October 21, had listed these individuals as "compellable witnesses," and the summons are now ready for dispatch.

Mr. Kanu's trial has a complex history dating back to 2015 when he was first arrested for his secessionist broadcasts. The case has seen multiple judges and defence teams. He was granted bail in 2017 but fled the country after a military invasion of his home, only to be re-arrested and brought back to Nigeria in June 2021. The Court of Appeal freed him in October 2022, but the Supreme Court overturned this decision in December 2023, ordering his trial to continue. The prosecution had since closed its case with five witnesses before Kanu's scheduled defence commencement.