The family of Nnamdi Kanu, leader of the Indigenous People of Biafra, has rejected the recent judgment issued by Justice James Omotosho of the Federal High Court in Abuja. They said the ruling contained major legal flaws and violated constitutional safeguards.
In a statement signed by Emmanuel Kanu, the family said it was speaking “with heavy hearts but absolute clarity” about the decision that convicted Kanu on seven terrorism-related charges. The family insisted its concerns were grounded in law and precedent.
The Kanus said they had raised “several legal points in court, including Section 36(12) of the Constitution, Supreme Court decisions on repealed laws, and previous directives related to earlier charges.” They stressed that the Constitution clearly states, “No person shall be convicted unless the offence is defined in a written law in force at the time.”
They added that earlier Supreme Court rulings support this provision, arguing that no court can rely on laws that have been repealed or on interpretations that contradict the Constitution. They noted that Section 36 rights cannot be suspended, ignored, or sidelined.
The family challenged the court’s reliance on a transition or savings clause in upholding the charges. They argued that such a clause does not apply to this case because, in their view, “Mazi Nnamdi Kanu’s matter was not pending.”
According to the statement, “The Court of Appeal discharged and acquitted him. That decision terminated all charges,” meaning any subsequent prosecution “commenced de novo.” They insisted that “A case that was terminated cannot be ‘saved’ by a transition clause.”
The family emphasized that the Constitution takes precedence over all statutes and judicial interpretations. They stated, “No transition clause can override Section 36. No statute can override the Constitution. No judge can override the Supreme Court.”
They noted that Kanu’s fundamental rights, to be tried only under laws in force, to be informed of precise charges, and not to be convicted under repealed or non-existent laws, must be upheld under all circumstances. They said these rights are at the core of Nigeria’s legal system.
The statement ended with a demand for full compliance with constitutional and procedural standards. The family urged that “All proceedings should align with existing laws and procedures” to guarantee fairness and legality.
Justice Omotosho had sentenced Kanu to life imprisonment on counts one, two, four, five, and six after convicting him on all seven terrorism charges. The judge also gave him 20 years on count three and five years on count seven, with no option of fine.
