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US groups say Omotosho’s Kanu judgment breached procedure

Three United States-based advocacy groups — the American Veterans of Igbo Descent, AVID, Ambassadors for Self-Determination, and the Rising Sun Foundation — have alleged serious procedural breaches in the judgment delivered by Justice George Omotosho at the Federal High Court, Abuja, in the case involving Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB.

In a statement released on Friday and signed by Dr. Sylvester Onyia (AVID), President Benson Nwankwo (Ambassadors for Self-Determination), and Mazi Maxwell Dede (Rising Sun Foundation), the groups said they were drawing attention to “two grave procedural breaches” that undermine fair hearing and constitutional guarantees.

The organisations claimed the court relied on allegations contained in charges that had been struck out during preliminary hearings. Eight counts, including one alleging Kanu incited the destruction of public property during the EndSARS protests, had been dismissed but were still referenced in the final judgment. “A struck-out count ceases to exist in the eyes of the law. It cannot be revisited or used to form the basis of any conviction. Yet this allegation appeared in the reasoning that led to the conviction,” the statement read.

The groups also alleged that the defence team was denied the right to file a final written address, despite instructions from the court to reserve objections for that stage. “Throughout the proceedings, the judge repeatedly instructed the defence to raise its objections in the final written address. However, when the time came to file that address, the court foreclosed the defence and proceeded directly to deliver judgment,” the statement said.

The organisations urged Nigerians, civil society groups, and legal experts to review the Certified True Copies of the proceedings to assess the conduct of the case. “Anyone who reads the record will see how, step by step, the handling of the case departed from established legal procedure and sidelined constitutional safeguards,” they added.

The groups called on relevant authorities to address the concerns, warning that public confidence in the justice system depends on transparency and adherence to due process. “For the sake of justice and Nigeria’s democratic credibility, these issues must not be ignored. They demand scrutiny, accountability, and corrective action,” the statement concluded.

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