The Indigenous People of Biafra (IPOB) said Sunday 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 questions about the jurisdiction of the trial court.
In a statement issued by IPOB spokesperson Emma Powerful, the group argued that issues raised in the appeal process could have significant implications for both Kanu’s case and Nigeria’s criminal justice system.
IPOB claimed that the Federal Government, through its cross-appeal, effectively acknowledged that the trial court lacked jurisdiction in certain aspects of the sentencing process. The group said this undermines the validity of the conviction because jurisdiction is fundamental to all stages of a criminal proceeding.
“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 during sentencing, the conviction itself cannot stand because both processes are legally connected.
IPOB also alleged that the trial was marred by procedural irregularities, including the use of repealed laws, denial of fair hearing, failure to disclose applicable statutes and the withholding of evidence. According to the group, those alleged defects render the conviction legally unsustainable.
The organization said the Court of Appeal would have to determine whether the conviction can be upheld in light of what it described as the Federal Government’s position on jurisdiction.
“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.
IPOB warned that the appeal’s outcome could affect future criminal prosecutions, particularly on matters involving jurisdiction, fair hearing and constitutional protections. It called on legal practitioners, diplomats, human rights organizations and the international community to monitor the proceedings closely.
Kanu is facing terrorism-related charges filed by the Federal Government over activities linked to IPOB.
The case has attracted widespread attention in Nigeria and abroad. In October 2022, the Court of Appeal discharged Kanu, ruling that his transfer from Kenya to Nigeria violated domestic and international law. The Federal Government appealed the decision, and the Supreme Court later overturned the ruling and ordered that the trial continue.
Following the resumption of proceedings, Kanu was convicted and sentenced by the trial court. He is currently being held at the Sokoto Correctional Centre.
