The family of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has formally expressed disagreement with the recent life sentence handed down by Justice James Omotosho of the Federal High Court, Abuja.
In a statement issued on Monday and signed by Emmanuel Kanu on behalf of the Okwu Kanu family, the family said they were speaking “with heavy hearts but absolute clarity” regarding the judgment.
The family criticised the court’s legal reasoning, citing several constitutional protections. “We raised several legal points in court, including Section 36(12) of the Constitution, Supreme Court decisions on repealed laws, and previous directives related to earlier charges,” the statement read.
They stressed the principle that “No person shall be convicted unless the offence is defined in a written law in force at the time,” noting that prior Supreme Court rulings uphold this safeguard. The family questioned the court’s application of transition or savings clauses, arguing that “Mazi Nnamdi Kanu’s matter was not pending. The Court of Appeal discharged and acquitted him. That decision terminated all charges. The subsequent charges before Justice Omotosho initiated a new case, commencing de novo.”
Highlighting constitutional protections, the family added, “A case that was terminated cannot be ‘saved’ by a transition clause. The right to be tried only under laws in force, to be informed of the exact charges, and not to be convicted under repealed or non-existent laws cannot be overridden.” They emphasised the hierarchy of legal authority, asserting, “No transition clause can override Section 36. No statute can override the Constitution. No judge can override the Supreme Court.”
The statement concluded with a call for strict adherence to the Constitution and established legal procedures, urging that “all proceedings should align with existing laws and procedures.”
Justice Omotosho had sentenced Kanu to life imprisonment on counts one, two, four, five, and six, while awarding a 20-year jail term on count three and a five-year term on count seven, with no option of fines. The presiding judge delivered the judgment after convicting Kanu on all seven counts of terrorism-related offences.
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