Kanu’s family rejects court verdict, alleges legal irregularities

The family of the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, has rejected the judgment delivered by Justice James Omotosho of the Federal High Court, Abuja, insisting that the ruling is fraught with legal inconsistencies.

In a statement issued on Monday and signed by Emmanuel Kanu on behalf of the Okwu Kanu family, the relatives said they were speaking “with heavy hearts but absolute clarity,” stressing that several constitutional and judicial issues raised during the trial were not adequately addressed by the court.

According to the family, one of the major concerns relates to Section 36(12) of the Constitution, which stipulates that “no person shall be convicted unless the offence is defined in a written law in force at the time.” They argued that previous Supreme Court decisions on repealed laws and directives relating to earlier charges in Kanu’s case support this constitutional safeguard.

“We have concerns about the application of transition or savings clauses and how they relate to this case,” the statement noted, adding that the clause relied upon by the court may not apply because “Mazi Nnamdi Kanu’s matter was not pending.”

The family insisted that the Court of Appeal had already discharged and acquitted the IPOB leader, thereby terminating all previous charges. As such, they argued that the fresh charges brought before Justice Omotosho amounted to “a new case, commencing de novo,” which could not be “saved” by any transition clause.

They further criticised what they described as violations of Kanu’s fundamental rights under Section 36 of the Constitution, including the right to be tried only under laws in force, the right to be informed of exact charges, and the protection against conviction under repealed or non-existent laws.

“No transition clause can override Section 36. No statute can override the Constitution. No judge can override the Supreme Court,” the family said, urging the judiciary to uphold the Constitution and established legal procedures in all proceedings.

The Federal High Court in Abuja had, last week, sentenced Kanu to life imprisonment on counts one, two, four, five and six after convicting him on all seven terrorism-related charges. Justice Omotosho also imposed a 20-year jail term on count three and a five-year sentence on count seven, both without the option of fine.