The Indigenous People of Biafra has claimed that the Federal Government’s cross-appeal in the case involving its leader, Nnamdi Kanu, has weakened the legal basis of his conviction and raised fundamental questions about the jurisdiction of the trial court.
In a statement released on Sunday by its spokesperson, Emma Powerful, the separatist group argued that issues raised in the appeal process could have far-reaching implications not only for Kanu’s case but also for the credibility of Nigeria’s criminal justice system.
IPOB alleged that the Federal Government, through its cross-appeal, effectively acknowledged that the trial court lacked jurisdiction in aspects of the sentencing process, a development it said undermined the validity of the conviction.
According to the group, jurisdiction is the foundation of every criminal proceeding and cannot be separated into different stages of a trial.
“The implication is simple. Jurisdiction is not divisible. Jurisdiction is not a buffet. Jurisdiction is a continuum,” the statement said.
The group maintained that if a court is found to have acted without jurisdiction at the sentencing stage, the conviction itself cannot stand because both are legally interconnected.
IPOB further argued that the Court of Appeal would have to determine whether the conviction could be sustained in light of what it described as the Federal Government’s position on jurisdiction.
The group also alleged that the trial was affected by several procedural irregularities, including the use of repealed laws, denial of fair hearing, failure to disclose applicable statutes and the withholding of evidence.
According to IPOB, these alleged defects combined to render the conviction legally unsustainable.
“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 group warned that the outcome of the appeal could have wider implications for future criminal prosecutions, particularly on issues relating to jurisdiction, fair hearing and constitutional safeguards.
It called on members of the international community, legal practitioners, diplomats and human rights organisations to closely monitor the proceedings, insisting that the case had become a major test of adherence to established legal principles.
Kanu is facing terrorism-related charges filed by the Federal Government over activities linked to IPOB.
The case has remained one of Nigeria’s most closely watched legal battles, attracting local and international attention.
In October 2022, the Court of Appeal discharged Kanu after ruling that his extraordinary rendition from Kenya to Nigeria violated both domestic and international law.
However, the Federal Government challenged the decision, and the Supreme Court subsequently set aside the discharge order and directed that the trial continue on its merits.
Following the continuation of proceedings, Kanu was later convicted and sentenced by the court and subsequently remanded at the Sokoto Correctional Centre, where he is currently serving his sentence.
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