The Indigenous People of Biafra, IPOB, says issues raised in the Federal Government’s cross-appeal in the case of its leader, Nnamdi Kanu, have thrown doubt on the legal foundation of his conviction and raised serious questions about the trial court’s jurisdiction.
In a statement Sunday by spokesperson Emma Powerful, IPOB argued that the FG’s own appeal effectively admitted problems with how parts of the sentencing were handled. That admission, the group said, undermines the entire conviction.
–“Jurisdiction is a continuum”’–
IPOB’s core argument: jurisdiction cannot be split into phases.
“Jurisdiction is not divisible. Jurisdiction is not a buffet. Jurisdiction is a continuum,” the statement read.
The group’s logic: if a court lacked jurisdiction at the sentencing stage, then the conviction itself cannot stand. Conviction and sentencing are legally tied together.
IPOB said the Court of Appeal must now decide whether the conviction survives the jurisdictional challenge.
–Allegations of procedural defects–
Beyond jurisdiction, IPOB listed other flaws it says marred the trial:
1. Use of repealed laws — applying statutes no longer in force
2. Denial of fair hearing — Kanu was not given adequate opportunity to defend himself
3. Non-disclosure— failure to disclose relevant statutes and evidence to the defence
4. Withholding of evidence — material evidence kept from the court and defence
IPOB said these defects, taken together, make the conviction “legally questionable”.
It also pointed to contradictions in the legal basis for the conviction that the appellate court must resolve.
–‘Why this appeal matters–
IPOB warned the outcome will have ripple effects beyond Kanu’s case.
The Court of Appeal’s ruling on jurisdiction, fair hearing, and constitutional protections could set precedent for future criminal trials in Nigeria.
The group called on the international community, lawyers, diplomats, and human rights organisations to monitor proceedings closely, describing the case as “an important test of adherence to established legal principles”.
–Case background–
Kanu faces terrorism-related charges filed by the Federal Government over activities linked to IPOB.
The case has drawn intense local and international attention since 2021.
In October 2022, the Court of Appeal discharged Kanu, ruling his extraordinary rendition from Kenya to Nigeria violated Nigerian and international law.
The FG appealed. The Supreme Court later set aside the discharge order and ordered the trial to continue on its merits.
Following resumption, the trial court convicted and sentenced Kanu. He is serving the sentence at Sokoto Correctional Centre while appeals continue.
–What happens next–
The Court of Appeal will now weigh the FG’s cross-appeal against IPOB’s jurisdictional arguments. If the court agrees jurisdiction was defective at sentencing, legal experts say it could nullify the conviction. If not, the sentence stands and further appeals may head to the Supreme Court.
For now, IPOB insists the FG’s own court filings have opened the door to overturning the conviction.
