Mazi Nnamdi Kanu, the self-acclaimed leader of the proscribed Indigenous People of Biafra (IPOB), has made a significant and controversial decision in his ongoing terrorism trial before the Federal High Court in Abuja, choosing to abandon his earlier plan to call witnesses in his defence. This move has been described by human rights lawyer Inibehe Effiong as a 'very risky gamble' and a 'confusing' legal strategy.

Kanu announced his decision during the resumed hearing on Monday, stating that he had thoroughly reviewed the prosecution's case file and concluded that there was no valid charge against him. He argued that since no extant law in Nigeria could predicate the charges, there was no necessity for him to enter a defence. "Join me in praising God. I have gone through my case file, and there is no charge against me," Kanu told the court, emphasizing his belief that he was being subjected to an unlawful trial.

Reacting to this development, Effiong highlighted the legal implications of Kanu's choice. He noted that the court had previously overruled Kanu's 'No Case Submission,' making it no longer tenable for him to contend that he has no case to answer. Effiong explained that a defendant typically has two options: either to open their defence or rest their case on the prosecution's argument. While Kanu's election not to defend himself will not be construed as an admission of guilt, the evidence presented by the prosecution will largely be deemed unchallenged, save for portions elicited during cross-examination. The court, however, will still be obligated to determine if the prosecution has discharged its burden of proof beyond a reasonable doubt based on the admitted evidence.

Justice James Omotosho, the presiding judge, cautioned Kanu about the implications of his decision and advised him to consult experts in criminal law. The judge directed Kanu to file a written address to formalize his position and serve it on the prosecution. The case has been adjourned to November 4, 5, and 6 for the adoption of final written addresses, contingent on Kanu's contention that the evidence and charges do not establish a case against him.

This latest development follows a week of dramatic shifts in Kanu's legal approach. On October 20, a protest led by Omoyele Sowore called for his unconditional release. The very next day, October 21, Kanu had filed a comprehensive list of 23 proposed defence witnesses, categorizing them as 'ordinary but material' and 'vital and compellable.' These high-profile individuals included former Defence Minister Gen. Theophilus Danjuma, former Chief of Army Staff Lt-Gen. Tukur Buratai (rtd), current Governors Babajide Sanwo-Olu (Lagos) and Hope Uzodimma (Imo), FCT Minister Nyesom Wike, Works Minister Dave Umahi, former Abia State Governor Okezie Ikpeazu, former Justice Minister Abubakar Malami (SAN), and former SSS and NIA DGs Yusuf Magaji Bichi and Ahmed Rufai Abubakar. Each was intended to testify on specific aspects relevant to the trial, ranging from custody conditions and military operations to the proscription of IPOB and the #EndSARS protests.

By October 23, Kanu met with his lawyers in the courtroom to prepare for his defence. However, on October 24, he suddenly announced the disengagement of his legal team, led by former Attorney-General of the Federation, Kanu Agabi (SAN), opting to defend himself. He sought an adjournment to prepare. On October 25, he requested another adjournment, citing that his disengaged lawyers had not yet handed over his case file. Justice Omotosho reluctantly granted the adjournment to Monday, October 27, with a stern warning that Kanu must either open his defence or waive his right to present one.

Nnamdi Kanu's legal journey began in September 2015 with his arrest over his agitation for a sovereign Biafra nation. His trial has seen four different Federal High Court judges and numerous defence teams. After being released on bail in 2017, he fled Nigeria following a military invasion of his home. His trial resumed after his re-arrest and rendition to Nigeria in June 2021. He faces terrorism charges for allegedly inciting violence in the South-east. Although the Court of Appeal in Abuja freed him in October 2022, striking out the charges due to the illegality of his rendition, the Supreme Court overturned this decision in December 2023, ordering the trial to continue and ruling that illegally obtained evidence is admissible in Nigerian law. The prosecution subsequently closed its case with five witnesses in June, leading to the current phase where Kanu has now decided to waive his defence.