Abuja, Nigeria – The Indigenous People of Biafra (IPOB) has challenged the legal validity of the conviction of its leader, Nnamdi Kanu, arguing that the Federal Government’s cross-appeal in the ongoing legal proceedings has exposed fundamental jurisdictional issues that could undermine the entire case.

In a statement issued on Sunday by IPOB’s spokesperson, Emma Powerful, the group contended that the Federal Government’s legal position in its cross-appeal effectively raises serious questions about the authority of the trial court to convict and sentence Kanu.

According to IPOB, the issues raised in the appeal process extend beyond Kanu’s case and touch on broader concerns regarding due process, judicial integrity, and the administration of criminal justice in Nigeria.

IPOB Argues Jurisdiction Cannot Be Divided

The separatist group maintained that jurisdiction is the foundation upon which every criminal proceeding rests and cannot be selectively applied to different stages of a trial.

IPOB argued that if there is a legal acknowledgment that the trial court lacked jurisdiction during any stage of the proceedings, including sentencing, then the conviction itself may be legally defective.

“The implication is simple. Jurisdiction is not divisible. Jurisdiction is not a buffet. Jurisdiction is a continuum,” the statement read.

The group insisted that a court found to have acted without proper jurisdiction at the sentencing stage cannot validly sustain a conviction because both processes are interconnected under established legal principles.

As a result, IPOB said the Court of Appeal would be required to examine whether Kanu’s conviction can legally stand in light of the arguments advanced by the Federal Government in its cross-appeal.

Allegations of Procedural Irregularities

Beyond the jurisdictional questions, IPOB alleged that the trial was affected by a series of procedural defects.

The group claimed that repealed laws were relied upon during the proceedings and alleged violations of fair hearing principles, failure to adequately disclose applicable statutes, and the withholding of critical evidence.

According to IPOB, these issues collectively call into question the fairness and legality of the conviction.

“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.

Wider Implications for Nigeria’s Justice System

IPOB warned that the outcome of the appeal could set an important legal precedent for future criminal prosecutions in Nigeria, particularly on matters relating to jurisdiction, constitutional safeguards, and the right to a fair hearing.

The group urged members of the international community, legal experts, diplomats, and human rights organizations to closely follow the proceedings, describing the case as a significant test of Nigeria’s commitment to the rule of law and established judicial standards.

Background to the Case

Kanu is facing terrorism-related charges brought by the Federal Government over activities linked to IPOB, a group that advocates for the restoration of an independent Biafra state.

The legal battle has remained one of Nigeria’s most closely watched court cases, attracting considerable domestic and international attention.

In October 2022, the Court of Appeal discharged Kanu, ruling that his extraordinary rendition from Kenya to Nigeria violated both domestic and international law.

However, the Federal Government challenged that judgment, and the Supreme Court of Nigeria subsequently overturned the discharge order and directed that the trial continue on its merits.

Following the resumption of proceedings, Kanu was convicted and sentenced by the court. He is currently being held at the Sokoto Correctional Centre while serving his sentence.

As the appeal process unfolds, legal observers say the court’s eventual decision could have significant implications for both Kanu’s case and the interpretation of jurisdictional principles in Nigeria’s criminal justice system.

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