The Indigenous People of Biafra has refuted reports suggesting that its detained leader, Nnamdi Kanu, has forfeited his right to defence in the ongoing trial before Justice James Omotosho of the Federal High Court in Abuja.
IPOB, in a statement issued on Friday by its spokesperson, Emma Powerful, described the reports as false, misleading and aimed at misrepresenting the proceedings. It said Kanu has not abandoned his defence but has continued to insist on a fair and lawful trial.
“Let the truth be clear: Mazi Nnamdi Kanu has not forfeited anything. What is happening in court has raised serious legal questions that must be addressed within the limits of the law,” the statement read.
The group said it was concerned that neither the prosecution nor the trial judge had clearly identified the specific law under which Kanu was being tried.
It referenced Section 36(12) of the 1999 Constitution (as amended), which provides that a person shall not be convicted of a criminal offence unless that offence is defined and the penalty for it is prescribed in a written law.
According to the group, the failure to establish the specific offence and relevant legislation guiding the charge raises constitutional concerns.
IPOB also cited judicial precedents, including Aoko v. Fagbemi (1961), Attorney-General of the Federation v. Abubakar (2007) and NNPC v. Fawehinmi (1998), to argue that no citizen should be prosecuted for an offence not clearly defined by law.
Kanu’s legal team had earlier maintained the same position in court, insisting that the prosecution must show the provision of law under which the defendant is being tried before any defence can be opened.
IPOB warned that compelling Kanu to proceed with defence in the absence of a clearly defined charge would amount to a violation of his right to fair hearing.
It also expressed concern over indications that the court may deliver judgment without allowing parties to present their final written addresses, describing such a move as contrary to standard judicial practice.
> “The right to fair hearing is fundamental to every citizen. Any process that overlooks this principle does not serve justice,” the group added.
IPOB urged its members and the public to remain calm, saying the matter must be resolved in accordance with constitutional provisions and established legal standards.
