The family of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has rejected the recent judgment delivered by Justice James Omotosho of the Federal High Court in Abuja.
In a statement released on Monday and signed by Emmanuel Kanu on behalf of the Okwu Kanu family, they said they were speaking “with heavy hearts but with absolute clarity” about the ruling.
According to the family, several constitutional and legal issues were raised before the court, including arguments grounded in Section 36(12) of the 1999 Constitution, relevant Supreme Court decisions on repealed laws, and earlier judicial directives relating to previous charges.
They stressed that constitutional protections must be upheld, reiterating that “no individual can be convicted for an offence not defined by a written law in force at the time the alleged act occurred.” The family added that Supreme Court precedents reinforce this position.
The statement further questioned the legal reasoning applied in the ruling, particularly the court’s reliance on transition or savings clauses. The family argued that such provisions were not relevant because, in their view, “Mazi Nnamdi Kanu’s matter was not pending.”
They maintained that the Court of Appeal’s decision to discharge and acquit Kanu effectively ended all existing charges, and therefore any subsequent filing before Justice Omotosho amounted to “a fresh case beginning entirely afresh.” According to them, “a terminated case cannot be revived through a transition clause.”
The family also raised concerns about violations of fundamental rights guaranteed under Section 36, including the right to be tried only under existing laws, the right to be clearly informed of charges, and the protection against conviction under repealed statutes.
On the hierarchy of legal authority, the statement emphasized: “Section 36 of the Constitution cannot be overridden by any transition clause. No statute supersedes the Constitution, and no court can set aside the Supreme Court’s authority.”
They concluded by urging strict adherence to the Constitution and established judicial processes, stressing that all proceedings must comply with valid laws and proper legal procedures.
Earlier reports from PUNCH Online revealed that the Federal High Court in Abuja had sentenced the IPOB leader to life imprisonment.
Justice Omotosho convicted Kanu on all seven terrorism-related counts, imposing life terms on counts one, two, four, five, and six; a 20-year sentence without an option of fine on count three; and a five-year term without an option of fine on count seven.
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