An appeal filed by the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, may face delays following the failure of the Federal High Court in Abuja to issue a production warrant required for his appearance before the Appeal Section.
The court earlier issued a formal summons on November 11 to both Kanu and the respondent, the Federal Republic of Nigeria, directing them to appear before the Appeal Section on November 28 for the settlement of the record of appeal.
The notice, signed by Principal Registrar Ojonugwa Thomas and obtained by THE WHISTLER, stated that the summons was issued in compliance with Order 8, Rule 2 of the Court of Appeal Rules, 2021, mandating all parties to attend the session at the court headquarters in Abuja.
The settlement of records is a compulsory procedural step that must be completed before the appeal documents are transmitted to the Court of Appeal.
According to the summons, Kanu was to be served at the Department of State Services (DSS) detention facility in Abuja, where he is currently held following his conviction and life sentence by Justice James Omotosho of the Federal High Court.
The Federal Government is being represented by a team of senior lawyers, including Asiwaju Adegboyega Awomolo, SAN; Suraj Sa’eed, SAN; Mutabu Ojo Adebayo, SAN; D.E. Kaswe, Esq.; and their associates.
Kanu’s appeal challenges his charges and continued detention. Representing himself, he argued before the lower court that his trial and incarceration were based on what he described as a “dead law.” His attempt to stop the proceedings at the final stage before judgment was dismissed by the court, which held that the trial had progressed too far for an interlocutory appeal to interrupt it.
However, fresh concerns have emerged after the court reportedly failed to issue a production warrant—a necessary order directing the DSS to bring Kanu physically before the Appeal Section for the settlement of records.
Kanu’s brother, Prince Emmanuel Kanu, warned that the development may halt the appeal since Kanu represents himself and must be physically present to sign and complete the required processes.
“It requires Kanu’s presence, but with this development, the case is likely to be stalled because Kanu cannot be produced in court to carry out the processes,” he said.
Legal analysts say the absence of a production warrant may force another adjournment, further prolonging the appeal process.
