The Indigenous People of Biafra (IPOB) has alleged that the Federal Government of Nigeria has admitted that Justice James Omotosho of the Abuja Federal High Court acted without jurisdiction when he convicted and sentenced the group’s leader, Nnamdi Kanu, to life imprisonment.<\/p>\n
The claim was made in a statement released by IPOB’s spokesman, Emma Powerful, following the filing of Kanu’s appeal at the Court of Appeal in Abuja. The Nigerian government has also filed a cross-appeal in response.<\/p>\n
Justice Omotosho had convicted Kanu on terrorism charges on November 20, 2025. Kanu is currently serving his sentence at Sokoto prison.<\/p>\n
IPOB argues that in its cross-appeal, the Nigerian government stated that Justice Omotosho “acted without jurisdiction” when he imposed a life sentence instead of the death penalty. The group said this admission effectively destroys the credibility of the judgment the government is trying to defend.<\/p>\n
“The Federal Government has effectively fired a cannon through the heart of the judgment it is simultaneously attempting to defend,” IPOB said in its statement.<\/p>\n
IPOB asserted that under Nigerian law, a court either has jurisdiction throughout the entire legal process or it does not. If the trial court lacked the authority to impose a sentence, it also lacked the authority to produce the conviction that led to that sentence.<\/p>\n
“The conviction and sentence are juridically inseparable. One cannot survive without the other,” the group said.<\/p>\n
According to IPOB, the Nigerian government has unintentionally turned itself into a witness against its own case. The group warned that the situation has created a serious credibility crisis within the Nigerian judiciary.<\/p>\n
IPOB argued that any attempt by the Court of Appeal to uphold the conviction while also accepting the government’s admission on jurisdiction would require inventing legal principles that do not exist in Nigeria, the Commonwealth, or the common-law world.<\/p>\n
“The court would effectively be saying that a trial court can lack jurisdiction and yet validly convict,” IPOB said.<\/p>\n
The group also suggested that the government’s approach may have backfired. It accused the government of trying to use the threat of the death penalty to pressure Kanu into abandoning the Biafra restoration struggle. “They instead shot themselves in the foot,” IPOB said.<\/p>\n
Kanu and his legal team have maintained that the conviction was based on a repealed law, specifically the Terrorism Prevention (Amendment) Act, which they argue was not a written law in force in Nigeria at the time of the judgment.<\/p>\n
With the appeal now underway, IPOB declared that the Nigerian judiciary itself is on trial.<\/p>\n
“The issue before the Court of Appeal is no longer merely about one man. It is now about whether the Nigerian judicial system is prepared to remain a legal institution or whether it is prepared to openly repudiate its own foundational principles,” the statement said.<\/p>\n
The group said the Court of Appeal faces a significant choice. One path preserves the integrity of constitutional government. The other requires abandoning principles consistently upheld by Nigerian courts for decades.<\/p>\n
“The Federal Government has, in effect, informed the Court of Appeal that the trial court lacked jurisdiction. The question now becomes unavoidable: If the trial court lacked jurisdiction, what exactly is left to affirm?” IPOB asked.<\/p>\n
IPOB called on all defenders of constitutionalism, both within Nigeria and internationally, to closely observe the appeal proceedings.<\/p>\n","protected":false},"excerpt":{"rendered":"
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