The family of the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, has faulted the judgment delivered by Justice James Omotosho of the Federal High Court, Abuja, which convicted and sentenced the separatist leader to life imprisonment on terrorism-related charges.
In a statement issued on Monday and signed by Emmanuel Kanu on behalf of the Okwu Kanu family, the family said it was responding “with heavy hearts but absolute clarity,” describing the ruling as inconsistent with constitutional provisions and established judicial precedents.
The family said it had raised several legal objections during the proceedings, including arguments based on Section 36(12) of the 1999 Constitution, earlier Supreme Court decisions relating to repealed laws, and prior directives tied to earlier charges against Kanu.
It reiterated that the Constitution explicitly prohibits the conviction of any individual for an offence not defined in a written law in force at the time of the alleged act, insisting that “previous Supreme Court rulings fully support this principle.”
On the legal reasoning of the judgment, the family also questioned the reliance on a transition or savings clause, arguing that such provisions do not apply since Kanu’s previous case had already been determined.
“The Court of Appeal discharged and acquitted him. That decision terminated all charges,” the statement said, adding that the charges before Justice Omotosho “commenced a new case, de novo,” which in their view cannot be revived by a transition clause.
They further argued that constitutional rights under Section 36, including the right to be tried only under laws currently in force and the right to be informed of the exact charges, “cannot be displaced by any savings clause.”
“No transition clause can override Section 36. No statute can override the Constitution. No judge can override the Supreme Court,” the family declared.
The family concluded by urging strict adherence to constitutional provisions and due process, stressing that “all proceedings should align with existing laws and procedures.”
PUNCH Online had earlier reported that the Federal High Court convicted Kanu on all seven counts of terrorism and related offences. Justice Omotosho sentenced him to life imprisonment on counts one, two, four, five and six, opting against the death penalty. He also imposed a 20-year sentence on count three and five years on count seven, both without the option of a fine.
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