The Indigenous People of Biafra (IPOB) has claimed that the Federal Government’s cross-appeal in the case of its detained leader, Nnamdi Kanu, has weakened the legal basis of his conviction and invited questions over the jurisdiction of the trial court.
In a statement on Sunday, IPOB spokesperson Emma Powerful said issues raised in the appeal process could have implications for Kanu’s case and for the wider credibility of Nigeria’s criminal justice system.
The separatist group alleged that the Federal Government, through its cross-appeal, effectively admitted that the trial court lacked jurisdiction in aspects of the sentencing process.
"Jurisdiction is not divisible. Jurisdiction is not a buffet. Jurisdiction is a continuum," the statement read.
According to IPOB, jurisdiction is the foundation of every criminal trial and cannot be separated into different stages.
It argued that if a court acted without jurisdiction at sentencing, the conviction itself could not stand because both are legally linked.
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The group said the Court of Appeal would have to decide whether the conviction could be sustained in light of what it described as the Federal Government’s position on jurisdiction.
IPOB also listed several procedural irregularities it said affected the trial.
These included the use of repealed laws, denial of fair hearing, failure to disclose applicable statutes, and the withholding of evidence.
The group said the defects rendered 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 added.
IPOB warned that the outcome of the appeal could affect future criminal prosecutions, particularly on issues of jurisdiction, fair hearing and constitutional safeguards.
It urged the international community, legal practitioners, diplomats and human rights organisations to monitor the proceedings closely.
Kanu is facing terrorism-related charges filed by the Federal Government over activities linked to IPOB.
In October 2022, the Court of Appeal discharged Kanu after ruling that his rendition from Kenya to Nigeria violated domestic and international law.
The Federal Government challenged the decision, and the Supreme Court later set aside the discharge order and ordered the trial to continue.
Following the resumption of proceedings, Kanu was convicted and sentenced by the trial court.
He is currently remanded at the Sokoto Correctional Centre.
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