Justice James Omotosho of the Federal High Court, Abuja, on Thursday pressed ahead with delivering judgment in the protracted terrorism case involving Indigenous People of Biafra leader Nnamdi Kanu, doing so without the defendant present after describing his conduct as unruly.
The court’s decision came moments after three new applications brought by Kanu were rejected as lacking merit. During the ruling, Kanu interrupted repeatedly, insisting the proceedings could not continue because he had yet to submit his final written address. Raising his voice, he challenged the court, saying, “‘Which law states that you can charge me on an unwritten law? Show me. Omotosho, where is the law? Any judgment declared in this Court is a complete rubbish.’”
He further accused Justice Omotosho of bias and claimed the judge did not properly understand the law.
Following a short adjournment, the prosecuting counsel, Adegboyega Awomolo, urged the court to
move forward in Kanu’s absence, arguing that his persistent disruptions made it impossible to continue with him in the courtroom.Justice Omotosho ruled that although an accused person has a constitutional right to be present during trial, that right may be set aside when the defendant engages in persistent misconduct. “If a defendant misconducts himself or acts in an unruly manner during the course of his trial, his trial can be conducted in his absence,” he said, adding that the court “is a temple of God.”
He noted that Kanu’s behaviour was not a new development, asserting that the defendant had shown similar conduct on several earlier occasions. The judge also pointed out that Kanu had previously indicated he did not intend to present a defence and that Thursday’s sitting was fixed for judgment and potential sentencing.
Court officials subsequently removed Kanu from the courtroom, allowing Justice Omotosho to continue delivering his ruling.
