The Indigenous People of Biafra has argued that the Federal Government’s cross-appeal in the case involving its leader, Nnamdi Kanu, has raised serious legal questions about the validity of his conviction and the jurisdiction of the trial court.
In a statement issued on Sunday by its spokesperson, Emma Powerful, the group maintained that the issues highlighted in the appeal process could have significant implications not only for Kanu’s case but also for Nigeria’s broader criminal justice system.
According to IPOB, the Federal Government’s cross-appeal effectively acknowledged that the trial court lacked jurisdiction over certain aspects of the sentencing process, a position the group believes weakens the legal foundation of the conviction.
The group stressed that jurisdiction remains a critical element in any criminal proceeding and cannot be separated into different phases of a trial.
“The implication is simple. Jurisdiction is not divisible. Jurisdiction is not a buffet. Jurisdiction is a continuum,” the statement said.
IPOB argued that if a court is found to have acted without jurisdiction during sentencing, the conviction itself becomes questionable because both stages are legally linked.
The group further stated that the Court of Appeal would be required to determine whether the conviction can remain valid in light of what it described as the Federal Government’s position regarding jurisdiction.
In addition, IPOB alleged that the trial was affected by several procedural issues, including the application of repealed laws, denial of fair hearing, non-disclosure of relevant statutes, and the withholding of evidence.
According to the group, these alleged irregularities have collectively undermined the legal sustainability of the conviction.
“It would have to explain how a conviction can stand when the trial judge himself acknowledged that without a written law there can be no conviction,” the statement said.
The separatist group also warned that the outcome of the appeal could set important legal precedents for future criminal cases, particularly on matters relating to jurisdiction, constitutional rights, and fair hearing.
IPOB called on members of the international community, legal experts, diplomats, and human rights organisations to closely observe the proceedings, describing the case as a major test of adherence to established legal principles.
Kanu is currently facing terrorism-related charges brought by the Federal Government over activities linked to IPOB.
The case remains one of Nigeria’s most closely watched legal matters and has attracted considerable attention both locally and internationally.
In October 2022, the Court of Appeal discharged Kanu after ruling that his extraordinary rendition from Kenya to Nigeria violated domestic and international law.
However, the Federal Government challenged the ruling, and the Supreme Court of Nigeria later overturned the discharge order and directed that the trial continue on its merits.
Following the resumption of proceedings, Kanu was convicted and sentenced by the court. He is currently serving his sentence at the Sokoto Correctional Centre.
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