By Passman Akpos
Abuja, Nigeria — Human rights lawyer, Inebehe Effiong, Esq., has described the legal approach of detained IPOB leader Nnamdi Kanu as “confusing” and “a very risky gamble,” following developments in his ongoing trial at the Federal High Court in Abuja.
In a detailed analysis shared on Monday, Effiong noted that the court had previously overruled Kanu’s “no case submission”, meaning that the defendant could no longer argue that he had no case to answer.
> “It is no longer open to him to contend that he has no case to answer,” Effiong explained. “At this point, he has two options — either to open his defence or to rest his case on the prosecution’s evidence.”
Effiong expressed concern that Kanu’s legal team had reportedly indicated that he no longer intends to open his defence, a move the lawyer said introduces uncertainty into the case.
> “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 reasonable doubt. If my assessment is wrong, then palpable confusion has ensued,” he said.
The lawyer emphasized that while Kanu’s decision is legally permissible, it carries significant risks.
> “He is taking a very risky gamble. However, the law is firmly settled that a defendant has no obligation to prove or establish his innocence,” Effiong clarified.
Since Kanu has pleaded not guilty, Effiong said the court will now have to carefully examine the evidence presented by the prosecution to determine whether it meets the legal threshold of proof beyond reasonable doubt.
He further noted that Kanu’s decision not to open his defence cannot be construed as an admission of guilt, but warned that the prosecution’s evidence will now stand unchallenged, except for what was tested under cross-examination.
> “The court will still have to determine whether, on the basis of the admitted evidence, the prosecution has discharged the burden of proof placed on it in law,” he said.
Concluding his analysis, Effiong stated:
M> “I don’t know who’s advising Kanu, or what his motivation is, but he is taking a very risky decision.”
