Kanu Convicted on Terrorism Charges as Court Rules Sit-at-Home Orders Were Acts of Terror

The Federal High Court in Abuja on Thursday convicted the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, on two counts of terrorism, ruling that the prosecution had proved its case beyond reasonable doubt.

Justice James Omotosho held that Kanu’s declaration and enforcement of a “sit-at-home” order across the Southeast, accompanied by threats and violence, constituted a terrorist act under Section 16 of the Terrorism Prevention Act 2013, adding that offence carries a penalty of life imprisonment or death.

Delivering judgment in Kanu’s absence after ordering his removal for persistent disruptive conduct, the judge said the IPOB leader had no constitutional authority to restrict citizens’ movement. 

He stressed that only the President of Nigeria, under Section 305 of the Constitution, can impose movement restrictions through emergency powers.

“The people of the Southeast cannot be ordered to sit at home by a person who is not a recognised official of the Federal Government or any state government,” Justice Omotosho ruled.

The court relied heavily on the testimony of prosecution witness PW4, who served in Imo State and described how the Monday sit-at-home directive had, for years, left towns and even farmlands deserted. 

Also, the witness linked the 2021 killing of former presidential aide Ahmed Gulak to armed enforcers of the order.

A medical report tendered as Exhibit PWK confirmed that Gulak died from gunshot wounds inflicted by men believed to be members of the Eastern Security Network (ESN), which the court said operated under Kanu’s authority as IPOB leader.

“The declaration of a sit-at-home without any constitutional power, accompanied by threats, is a terrorist act,” the judge ruled, adding that the defence presented no evidence to challenge the prosecution’s case.

On count two, the court held that the prosecution had established that Kanu professed to be a member and leader of IPOB, a proscribed organisation, contrary to the Terrorism Prevention Act.

“Consequently, the defendant is hereby convicted on count two,” Justice Omotosho pronounced. 

Earlier, the judge had also convicted Kanu on count one after ruling that he failed to present a defence and had effectively left the prosecution’s evidence unchallenged.

Thursday's proceedings saw heightened tension after Kanu reacted angrily to the court’s refusal to grant him bail. 

He repeatedly challenged Justice Omotosho, demanding that the court “show him the law” preventing bail during trial.

“Show me the law. Justice Omotosho. Show me the law? Any judgement from this court is a kangaroo. It is premeditated,” Kanu said before being cautioned.

“This is the Temple of Justice… Please compose yourself. You have the right to appeal,” the judge responded before ordering security operatives to escort him out of the courtroom.

Kanu had filed a fresh bail application, but the court held that it fell outside the permissible categories of bail and ran contrary to Section 306 of the Administration of Criminal Justice Act. 

Justice Omotosho added that the defence had already filed its final address as previously directed by the court.

The IPOB leader had also argued that the charges against him were invalid, describing the proceedings as a nullity and insisting that the charges disclosed no offence known to law. 

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