Human rights lawyer, Inibehe Effiong, has criticised the legal strategy of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, describing his decision to forgo calling witnesses in his terrorism trial as a “very risky gamble.”
Kanu, who is facing terrorism-related charges before the Federal High Court in Abuja, was expected to open his defence on Monday after the court adjourned the case on October 24.
However, when the case resumed, the IPOB leader told the court he had reviewed his case file and concluded that there was no valid charge against him, abandoning his earlier plan to call witnesses.
Effiong, reacting in a post on X (formerly Twitter), said Kanu’s decision was legally precarious, noting that the court had already dismissed his previous “no case submission.”
“Kanu’s legal strategy is confusing at this point,” Effiong wrote. “The Court had previously overruled his No Case Submission. It is no longer open to him to contend that he has no case to answer.”
According to the lawyer, Kanu had only two lawful options — to open his defence or rest his case on the prosecution’s evidence. By choosing not to call witnesses, Effiong said, Kanu risks leaving the prosecution’s case unchallenged.
“My understanding of media reports is that Kanu believes the prosecution has failed to prove the charges against him beyond reasonable doubt. However, the law is clear — a defendant is under no obligation to prove his innocence,” he added.
Effiong explained that since Kanu had pleaded not guilty, the court would now have to determine whether the prosecution’s evidence sufficiently established the alleged offences.
“The fact that Kanu has elected to pursue his case in this manner will not be construed as an admission of guilt,” he said. “But the prosecution’s evidence will be deemed unchallenged, except for what was addressed during cross-examination.”
Effiong concluded that while Kanu’s strategy may reflect confidence in the weakness of the prosecution’s case, it nonetheless represents a significant legal risk.
“I don’t know who’s advising Kanu, or what his motivation is, but he is taking a very risky decision,” he wrote.