The Indigenous People of Biafra has said that the Federal Government’s cross-appeal in the case involving its leader, Nnamdi Kanu, has weakened the legal foundation of his conviction and raised questions about the jurisdiction of the trial court.
IPOB made the assertion in a statement issued on Friday by its spokesperson, Emma Powerful, arguing that the appeal process has moved beyond Kanu’s fate and now concerns the credibility of Nigeria’s judicial system.
According to the group, the Federal Government’s recent cross-appeal, which it claimed acknowledged that the trial court lacked jurisdiction in imposing a life sentence instead of a death penalty, had altered the legal dynamics of the case.
The group maintained that jurisdiction could not be separated between conviction and sentencing, insisting that if the court lacked jurisdiction at the sentencing stage, the entire conviction would be invalid.
“Jurisdiction is not divisible. Jurisdiction is not a buffet. Jurisdiction is a continuum,” the statement read.
IPOB argued that the conviction and sentence were inseparable in law and that any admission of a jurisdictional defect would affect the validity of the entire proceedings.
The group further contended that the Court of Appeal would have to address what it described as contradictions in the Federal Government’s position on the matter.
It also alleged that the trial was marred by several procedural and legal defects, including reliance on repealed laws, denial of fair hearing, failure to disclose applicable statutes and withholding of evidence.
According to IPOB, the alleged irregularities have rendered Kanu’s conviction legally unsustainable.
The group warned that the outcome of the appeal could have wider implications for Nigeria’s criminal justice system, particularly on issues relating to jurisdiction, fair hearing and constitutional supremacy.
IPOB called on the international community, members of the diplomatic corps, legal practitioners and human rights organisations to pay close attention to the case, describing it as a test of long-established principles of criminal law in Nigeria.
