By Yusuf Danjuma Yunusa

Detained leader of the Indigenous People of Biafra a movement regarded by the federal government as terrorist organization , Nnamdi Kanu, is set to open his defence in his ongoing decade-old terrorism trial, listing several top political figures and retired military chiefs as witnesses he intends to call.

In a fresh motion, marked FHC/ABJ/CR/383/2015, dated October 20, the IPOB leader listed the Minister of the Federal Capital Territory, Nyesom Wike; Lagos State Governor, Babajide Sanwo-Olu; and former Chief of Army Staff, Lt. Gen. Tukur Buratai (retd.), among his witnesses.

In the defence notice personally signed him, Kanu informed the court of his intention to call 23 witnesses, divided into two categories — “ordinary but material witnesses” and “vital and compellable witnesses.”

Among the “vital and compellable witnesses” are Wike, Sanwo-Olu, Buratai, alongside s former Minister of Defence, Gen. Theophilus Danjuma (retd.); the governors of Lagos and Imo states, Babajide Sanwo-Olu and Hope Uzodinma, respectively.

Others listed include the Minister of Works, David Umahi; a former Abia State Governor, Okezie Ikpeazu; and the immediate past Attorney-General of the Federation, Abubakar Malami (SAN).

Also named are the former Director-General of the Department of State Services, Yusuf Bichi; the immediate past Director-General of the National Intelligence Agency, Ahmed Abubakar; and several other unnamed individuals

According to the motion, Kanu intends to rely on Section 232 of the Evidence Act, 2011 to compel the appearance of those he considers “vital and compellable” witnesses.

He also asked the court to grant a 90-day window to enable him to conclude his defence, pledging to testify personally and provide sworn statements from voluntary witnesses to support his case.

“I will testify on my own behalf, providing a sworn account of the facts, denying the allegations, and explaining the political context of my statements and actions,” Kanu told the court.

“It will interest the honourable court and the general public that justice is not only done but is manifestly seen to have been done.”

Consequently, the IPOB leader asked his legal team to step aside. Based on his position, all the senior advocates in the team led by Kanu Agabi (SAN), announced their decision to withdraw their continuous participation in the case.

Agabi announced that the team of Senior Advocates of Nigeria in the matter, comprising Onyechi Ikpeazu, Paul Erokoro, Joseph Akubo and Emeka Etiaba, explained that the reason for their withdrawal “is because the defendant has taken this case back from us and we respect that.”
The Questions:

We often hear officers uttering the statement below to culprits whenever they come for an arrest:

“You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

You have the right to an attorney.

If you cannot afford an attorney, one will be appointed for you.”

Based on the above statements which officers usually utter, many have been posing the questions below to know the actual context of the law, and the Nigerian Tracker News desk have answers provided to them:

1.Is Nnamdi Kanu a Lawyer?

No, Nnamdi Kanu is not a lawyer.
He did not study or practice law. Nnamdi Kanu studied Geography at the University of Nigeria, Nsukka (UNN), although the specific years of his attendance are not widely publicized. Nnamdi Kanu is primarily known as a political activist and the leader of the Indigenous People of Biafra (IPOB). His background is in media and activism, not law.

2. Why Did He Seek to Defend Himself?

Nnamdi Kanu’s decision to defend himself in court is a strategic and principled choice, rooted in several factors including:

Fundamental Right: As detailed below, the right to self-representation is a foundational legal right in many jurisdictions, including Nigeria. He is simply exercising this right.

Political Statement and Platform: For Kanu, the courtroom is not just a legal arena but a political one. By representing himself, he can directly address the court, the media, and his supporters, framing his defense as a political struggle against the Nigerian state. He can use the opportunity to articulate his ideology and challenge the legitimacy of the charges and the court itself.

Lack of Faith in the Process: Kanu and his supporters have repeatedly expressed a lack of confidence in the fairness of the Nigerian judicial process regarding his case.

3. Is There a Provision in the Constitution for a Non-Lawyer to Defend Themselves?

Yes, absolutely. This is a crucial and universally recognized legal right.

The provision is explicitly stated in the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Section 36(6)(c) of the Constitution guarantees every person charged with a criminal offense the right “to defend himself in person or by legal practitioners of his own choice.”

This means the law is clear: an accused person has two options:

1.To be represented by a lawyer of their choosing (which is the most common and often the most prudent course of action).

2. To represent themselves (a concept known as “pro se” representation in many legal systems).

Important Nuances and the Judge’s Role

While the right to self-representation is fundamental, it is not absolute and comes with important caveats that the judge must manage:

Knowing and Intelligent Waiver: The court must ensure that the accused person is making this choice knowingly, voluntarily, and intelligently. The judge will typically question the defendant (in this case, Kanu) to ensure they understand the severe risks of forgoing professional legal counsel.

Standby Counsel: Even when a defendant chooses self-representation, the judge often appoints a lawyer as “standby counsel.” This lawyer remains in the background to provide legal advice if the defendant asks for it and to step in if the proceedings become too disruptive or if the defendant’s self-representation threatens the integrity of the trial.

The embattled activist was first arrested in Lagos in 2015 for treasonable felony. On 28 of April, 2017, Kanu was released from prison on bail. However, in June 2021, he was re-arrested through a collaboration between the Kenyan Interpol and that of Nigeria. Since then, he has been in the custody of the Department of State Security (DSS).