The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has asked the Court of Appeal, Abuja, to stay further proceedings in his trial by Justice James Omotosho of the Federal High Court, Abuja
According to the court documents filed, Kanu is praying the appeal court to stop Justice Omotosho from delivering judgment on his case on November 20, 2025, as scheduled, pending the hearing and determination of the appeal against the high court’s decision in the case.
Kanu premised his application on the grounds that, in spite of the jurisdictional questions raised before the Federal High Court, the trial court refused to rule on them.
He added that the trial court refused to evaluate the evidence of the prosecution witnesses vis-à-vis the cross-examination questions to determine whether the evidence was discredited under cross-examination.
He faulted the decision of the court on the no-case submission, its refusal to determine its jurisdiction and the validity of the counts under which the appellant is being tried, and its foreclosure of the appellant’s right to defend the case by fielding witnesses.
According to him, though he had filed a list of witnesses to be called in defence of the case and indicated that his defence would come up, and he fields witnesses immediately the court determines its jurisdiction and the validity of the counts, the trial court refused and held that the decision would only be given on the objections during judgment.
Kanu stated, “The trial court, while refusing to rule on the objection, foreclosed the right to defend the heinous allegations levelled against him. The trial court has adjourned the matter for judgment on the 20th of November, 2025.”
He said that if the application was not granted, he might be unlawfully convicted without being afforded the opportunity of knowing the validity of the counts, the jurisdiction of the trial court, and offering a defence on the merits”.
Kanu maintained, “Further proceedings on the matter will stultify the appellant’s right of appeal and any appellate decision fait accompli.”
He pointed out that “the trial court and the appellant would not be prejudiced if the application is granted, the case having been prolonged since the year 2015, only to commence before the instant court sometime in this year 2025”.
He noted that it was in the interest of justice to grant his application and allow the matter to be taken on the merits.
Justice Omotosho had fixed judgment for November 20 in the terrorism trial of the IPOB detained leader, Nnamdi Kanu.
He chose the date while ruling after Kanu failed to open his defence having exhausted the six days allocated to him by the court to conduct his defence.
The judge said Kanu, having failed to utilise the opportunity granted him to conduct his defence, he cannot claim to have been denied the constitutionally guaranteed rights to fair hearing.
