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News Analysis: Answers To Some Pertinent Questions Regarding The Recent Move By The IPOB Leader To Defend Self In Court

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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:

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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).

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State Police: 24 State Assemblies Approve Constitutional Amendment–Presidency

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By Yusuf Danjuma Yunusa

The Presidential Working Group on the National Policing Bill says 24 State Houses of Assembly have approved the Constitution (Sixth Alteration) Bill, 2026, providing for a dual policing system.

The approval meets the constitutional threshold of two-thirds of the 36 states required for the amendment to proceed.

The Working Group commended the State Houses of Assembly for their action and acknowledged the National Assembly for passing the amendment in both chambers.

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This is contained in a statement issued by Femi Gbajabiamila, Chief of Staff to the president and chairman of the Working Group, on Friday in Abuja.

“In line with Section 9 of the Constitution, the amendment can now be returned to the National Assembly for transmission to Mr President for assent.”

Mr Gbajabiamila said the approval provided constitutional backing for the policing framework outlined in the Working Group’s draft National Policing Bill, 2026.

He added that the draft bills were undergoing legislative drafting, review and validation at the Federal Ministry of Justice.

The bills are expected to be returned on or before October 30, after which the Working Group will give them final consideration before presenting them to President Bola Tinubu.

The Working Group urged stakeholders to support a smooth transition to a dual policing system aimed at improving public safety.

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ECOWAS Court Faults Process Backed by Council of Ministers in Darma Removal Case

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The ECOWAS Community Court of Justice has ruled that the removal and replacement of former ECOWAS Commissioner for Internal Services, Prof. Nazifi Abdullahi Darma, were unlawful, overturning a process that culminated in his replacement being formalised by the Council of Ministers.

Darma disclosed the outcome while briefing journalists in Abuja on the Court’s recent judgment.

He said the dispute arose after a memorandum dated 30 October 2025 by the then President of the ECOWAS Commission, Dr. Omar Alieu Touray withdrew responsibilities previously exercised by Darma and initiated steps that eventually led to his replacement.

While Darma challenged the actions before the ECOWAS Court on 3 November 2025, the Federal Republic of Nigeria subsequently recalled him and nominated a successor.

The Council of Ministers later formalised the replacement.
However, the Court found that the legal requirements for ending his mandate had not been satisfied.

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According to Darma, the Court held that the memorandum triggering the process was based on adverse allegations that affected his responsibilities and was issued without giving him an effective opportunity to respond.

“The Court found that these actions were taken without prior notice or an effective opportunity for me to respond,” he said.

The Court further ruled that managerial powers vested in the President of the Commission could not be used to extinguish or transfer responsibilities assigned by Community law to another statutory office.

Darma said the Court also rejected the argument that Nigeria’s recall automatically ended his tenure as Commissioner.

“Once appointed, a Commissioner derives his mandate from Community law and not from the nominating Member State,” he quoted the Court as holding.

The Court consequently declared that his removal and replacement were unlawful, notwithstanding the subsequent actions taken to formalise the change in office.

The judgment ordered the payment of outstanding salaries, allowances and accrued entitlements up to the expiration of his tenure and awarded him US$50,000 in general damages.
Because his tenure expired on 31 August 2026, the Court did not order reinstatement.

Describing the ruling as significant for regional governance, Darma said it reaffirmed that ECOWAS statutory office holders can only be removed through procedures recognised by Community law.

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Dangote Cement Gboko Commits Millions in Scholarship Scheme

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Dangote Cement Plc, Gboko Plant has awarded multi-million-naira scholarships to tertiary and secondary school students from its six host communities in Benue State.

The company also presented starter packs, working tools and certificates to graduates of its Youth Empowerment Programme to enable them to establish their own businesses, apply the skills acquired during the training and become financially reliant.

The Minister of Solid Minerals Development, Dr. Henry Dele Alake, lauded Dangote Cement Plc for its community development interventions, calling on other private sector players to adopt similar initiatives to promote socio-economic development in their host communities.

Dr. Alake, who was represented by the Federal Mines Officer of the Federal Ministry of Solid Minerals Development in Benue State, Engr. Achi Gregory, urged the company to sustain its commitment to implementing community development programmes agreed upon with its host communities.

Speaking at the official presentation ceremony, Group Head, Social Performance, Dangote Cement Plc, Mr. Wakeel Olayiwola, said the implementation of the Community Development Agreement underscores Dangote Cement’s commitment to equipping young people with practical skills and resources to promote entrepreneurship, create employment opportunities and improve livelihoods in its host communities.

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Mr. Olayiwola, who was represented by the Head of Social Performance of the Dangote Cement, Gboko Plant, Dr. Johnson Kor, said the scholarship and youth empowerment programmes came against the backdrop of several other programmes recently executed by the company, which include farmers and women empowerment programmes.

The Acting Plant Director, Dangote Cement, Gboko, Engr. Arbind Singh, said: “This annual scholarship scheme for indigent students of the host communities is an indication of our company’s commitment to its Corporate Social Responsibilities (CSR).”

Engr Singh, who was represented by the company’s General Manager, Production, Engr Tabershima Soom, said: “The Gboko Plant has already launched 150 Women Empowerment Programme and 50 Farmerss Empowerment Programme where women were provided with cash to support their businesses, and farmers were supported with farm inputs.”

The beneficiary communities for these programs are: Tse-Kucha, Quarry, Amua, Mbazembe, Mbatur, and Pass Brothers.

Speaking on behalf of the Benue State Attorney-General, the Chairman of the Mineral Resources and Environmental Management Committee (MIREMCO), Barr. Dooshima Orosaga, commended Dangote Cement Plc for its compliance with the Community Development Agreement (CDA), urging the beneficiaries and host communities to maximise the benefits of the company’s interventions.

Chairman of the Gboko Local Government, Hon Yina Elias said the government will continue to provide the support needed for the company to succeed, adding that the Dangote Cement Plc is an exemplary company in Corporate Social Responsibilities programmes.

In his remarks, the District Head of Ukpekpe, Chief Tsegba Igbarumun, commended Dangote Cement Plc’s Gboko Plant for its contributions to the community, assuring the company of the community’s continued support.

He said the community valued its mutually beneficial relationship with the company and would continue to serve as its ambassadors.

A beneficiary of the Youth Empowerment Programme, Mr Ignatius Aondohemba, expressed appreciation to Dangote Cement Plc for the support, pledging to put the skills and resources provided to good use and build a business that would enable him to become an employer of labour.

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