Judiciary

Kanu Moves Court of Appeal, Challenges Life Sentences on 22 Grounds

 

The leader of ther Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a 22-ground appeal at the Court of Appeal, Abuja Division, seeking to overturn his conviction and multiple life sentences for terrorism-related offences.

Kanu, currently detained at a correctional facility in Sokoto State, is challenging the judgment delivered on November 20, 2025, by Justice James K. Omotosho of the Federal High Court, Abuja. He was convicted on seven counts, including terrorism, incitement, leadership of a proscribed organisation, directing the manufacture of explosives, and illegal importation of a radio transmitter. The court sentenced him to life imprisonment on six counts, 20 years on another, and an additional five-year term for unlawful importation of the transmitter.

In the appeal, filed on February 4 through his lawyer, Maxwell Opara, Kanu argued that the trial court committed serious errors of law, misdirected itself, and violated his constitutional right to fair hearing.

Central to his argument is the alleged failure of the trial court to address jurisdictional issues arising from the September 2017 military operation, Operation Python Dance II, at his Afara-Ukwu residence in Abia State, which Kanu says disrupted the original trial proceedings. He contended that the court proceeded with hearing and judgment without determining the legal impact of that disruption on the trial’s competence.

Kanu also alleged that the court ignored his pending preliminary objection challenging its jurisdiction and competence, and prematurely delivered judgment while his bail application remained unresolved.

The appellant further cited the October 13, 2022, judgment of the Court of Appeal, which had previously declared the proceedings against him a nullity. He argued that the retrial amounted to double jeopardy, contrary to Section 36(9) of the 1999 Constitution, since the facts substantially overlapped with the earlier case.

He questioned the legality of his conviction under the now-repealed Terrorism Prevention (Amendment) Act, 2013, noting it had been replaced by the Terrorism (Prevention and Prohibition) Act, 2022, before judgment was delivered. Kanu also challenged the court’s claim of jurisdiction over alleged broadcasts and actions outside Nigeria, insisting statutory conditions for extraterritorial jurisdiction were not satisfied.

Among other complaints, Kanu claimed he was denied the opportunity to file and adopt a final written address, some convictions lacked proof beyond reasonable doubt, and the court imposed sentences without considering his allocutus or mitigating factors. He further argued that the trial court failed to apply the African Charter on Human and Peoples’ Rights, which he said is part of Nigeria’s domestic law.

Kanu is urging the Court of Appeal to quash his convictions, set aside the sentences, and discharge and acquit him on all counts. He also requested to attend the hearing in person and submit written arguments.

Olayinka Babatunde

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