Justice James Omotosho of the Federal High Court in Abuja on Monday ordered that proceedings—including the delivery of judgment—would continue in the absence of Nnamdi Kanu, citing the IPOB leader’s persistent “unruly behaviour” in the courtroom.
“What we have just witnessed by the defendant justifies the invocation of Section 266 of the Administration of Criminal Justice Act,” prosecution counsel argued, prompting the court to consider the statutory provision which allows a trial to proceed without a defendant who misbehaves.
Justice Omotosho agreed, lamenting Kanu’s alleged repeated disruptions and refusal to heed several pleas from the court and security personnel to comport himself.
“This is the Temple of Justice, the Temple of God. Its sanctity must always be maintained,” he said.
“Nobody is above the law. If we allow anybody to act in any way, the sanity of this Temple will not be there,” Justice Omotosho stated.
“Fundamental rights are not absolute. Once you are given an opportunity and you refuse to use it, you cannot claim a breach of that right.”
“It is time to put a stop to it,” the judge declared. “Because of the unruly behaviour of the defendant, I hereby order that proceedings continue in his absence, and I will proceed to deliver my judgment.”
Security operatives subsequently escorted Kanu out of the courtroom as the judge moved on with the day’s proceedings.
The courtroom of the Federal High Court in Abuja was tense on Monday as Justice James Omotosho clashed with the detained IPOB leader, Nnamdi Kanu after delivering a ruling that dismissed his latest bail application.
However, Nnamdi Kanu objected to the ruling and challenged the court to show him the law that says he cannot be granted bail while the case is on trial.
“Show me the law. Justice Omotosho. Show me the law? Any judgement from this court is a kangaroo. It is premeditated,” says Kanu.
“This is the decision. I appeal to you to compose yourself. This is the Temple of Justice,” Justice Omotosho said, turning to Kanu, who appeared visibly agitated.
“Please, I beg you to compose yourself. You have the right to appeal. Can you excuse me?”
The judge later ordered that he should be removed from his court.
The judge’s remarks came moments after he reaffirmed that the court could not entertain the application, citing statutory provisions of the Administration of Criminal Justice Act (ACJA) 2015, which bar courts from granting reliefs capable of stalling ongoing criminal proceedings.
Kanu had filed another request for bail in the midst of his trial, but the court held that the application fell outside the permissible categories of bail and was inconsistent with Section 306 of the ACJA.
Justice Omotosho noted that the defence had already entered its final address in compliance with an earlier order of the court.
With the dismissal of the application, the matter proceeds toward judgment, while Kanu retains the option of challenging the ruling at the Court of Appeal.
In a tense courtroom showdown, Nnamdi Kanu, erupted in protest against the presiding judge, Justice Omotosho, insisting on his constitutional right to present a final written address.
Kanu, visibly angered, argued that he had not forfeited this right and demanded that the court hear him before any ruling could proceed.
The courtroom erupted into chaos as Kanu continued to challenge the authority of the judge.
Justice Omotosho, appearing unyielding, ordered that Kanu be removed from the court, triggering a heated exchange.
However, Kanu resisted, insisting that the judge must first listen to his final submissions.
Eyewitnesses described scenes of drama as security personnel prepared to escort Kanu out, while he repeatedly called for justice to be served in accordance with the law.
The standoff has left proceedings at a standstill, with legal observers noting the rare courtroom spectacle.
The trial, already high-profile and closely followed nationwide, now faces further delays as tensions escalate between Kanu and the judiciary.
Earlier, the IPOB leader, Nnamdi Kanu addressed the judge and the court as to how a ruling could not be given because the court was not competent to try him in the first instance.
Justice James Omotosho of the Federal High Court had on November 7 fixed Thursday, November 20, for judgment after ruling that Kanu failed to open his defence within the six days allocated to him.
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