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Inibehe Effiong, a human rights lawyer, has stated that Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), is taking risky steps in his ongoing legal battle with the Nigerian government.
Kanu had on Monday declined to open his defence, arguing that he has no case to answer.
On Friday 24 October, Justice J.K. Omotosho of the Federal High Court in Abuja, ordered the IPOB leader to open his defence after Kanu sacked all his lawyers.
But Kanu prayed the court to grant him some time to go through the case file. He also stated that his witnesses were coming from Ethiopia and the UK.
The IPOB leader had also listed 23 witnesses, including the current FCT minister, Nyeaom Wike, Imo State Governor, Hope Uzodimma, Abubakar Malami, the Ex-Attorney General of the Federation, Turkur Buratai, the former army chief, and others.
‘He is taking a very risky gamble’
Reacting to the latest decision by Kanu on Monday, the lawyer said in a Facebook post that Kanu is taking a dangerous step.
According to Inibehe, Nnamdi Kanu’s legal strategy is confusing at this point.
He said the court had previously overruled his No Case Submission.
Inibehe explained that it is no longer open to him to contend that he has no case to answer.
“There are two options that he can explore: either he opens his defence, or he rests his case on the case of the prosecution.
“He has indicated that he no longer intends to open his defence.
“My understanding of the media reports of today’s proceedings is that Kanu believes that the prosecution has not proved the charges against him beyond a reasonable doubt.
“If my assessment is wrong, then palpable confusion has ensued.
The lawyer said the law is firmly settled that a defendant has no obligation to prove or establish his or her innocence.
“Since this defendant, Kanu, had pleaded not guilty to the charges, the court will now have to examine the evidence adduced by the prosecution to see whether the elements of the offences charged have been proven beyond reasonable doubt.
“The fact that Kanu has elected to pursue his case in this manner is not going to be construed as an admission of guilt.
“However, the evidence adduced by the prosecution team would be deemed as unchallenged, save for the evidence elicited under cross-examination.
“The court will still have to determine whether based on the admitted evidence, the prosecution has discharged the burden of proof placed on it in law.
“I don’t know who’s advising Kanu, or what his motivation is, but he is taking a very risky decision.
Nnamdi Kanu was arrested in 2015 over alleged terrorism and treasonable felony. However, he was released on bail in 2017.
Nnamdi Kanu fled Nigeria the same year after the controversial invasion of his home in Umuahia, Abia State by the Nigerian military.
Kanu was illegally arrested in Kenya in 2021 and brought back to Nigeria to continue the trial.
A Court of Appeal had quashed the charges and ordered his release three years ago. But the Supreme Court ordered a retrial.
In early 2025, a new judge was assigned to his case.
