Kanu Petitions Appellate Court to Halt November 20 Ruling on Terrorism Case

The detained leader of the banned Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed an appeal at the Abuja Division of the Court of Appeal, seeking to prevent the Federal High Court from delivering judgment in his ongoing terrorism trial.

Justice James Omotosho of the Federal High Court had scheduled November 20 for judgment in the case, which has been ongoing since 2015. The date was set on November 7 after Kanu was given multiple opportunities to enter his defence.

Earlier, Kanu dismissed his legal team and opted for self-representation, arguing that the charges against him were invalid. In a no-case submission, he claimed that the Terrorism Prevention and Prohibition Act under which he was charged had been repealed, and he sought his release.

However, Justice Omotosho dismissed his submission and repeatedly allowed him chances to defend himself before fixing November 20 for judgment. Kanu’s request to adjourn the judgment indefinitely on Tuesday was denied.

Following this, Kanu approached the Court of Appeal on Wednesday, requesting that the lower court be restrained from proceeding with the scheduled judgment. He noted that he had filed a notice of appeal against the September 26 ruling dismissing his no-case submission and ordering him to defend against the terrorism charges.

In the appeal, with the Federal Government as the respondent, Kanu contended that the lower court erred in dismissing his no-case submission without addressing the legal and jurisdictional validity of the charges. He argued that the Terrorism Prevention and Prohibition Act had been repealed, rendering the charges invalid. He also claimed that the judge failed to consider constitutional questions regarding jurisdiction.

Kanu further alleged that Justice Omotosho did not properly assess the prosecution witnesses’ evidence or cross-examinations to determine whether it had been discredited. He stated that his right to call 23 witnesses was denied, as the court ruled this could only be done in the final judgment, effectively limiting his ability to defend himself.

He warned that if the Court of Appeal does not halt the judgment, he risks being unlawfully convicted, making his appeal “a mere academic exercise.”

In a 13-paragraph affidavit, Kanu also raised issues of non-compliance with a Supreme Court ruling on the invalidity of count seven of the charges and the failure to apply the mandatory test under Section 303 of the Administration of Criminal Justice Act (ACJA) 2015. He noted that the Supreme Court had clarified that count seven is no longer an offence in Nigeria.

Kanu emphasised that his appeal raises significant constitutional issues, highlighting that counts one to six are based on a repealed statute, meaning no valid charges exist. He argued that granting the application would cause no prejudice to the Federal Government, while refusing it would deny him his constitutional right of appeal.

No hearing date has yet been set by the Court of Appeal for Kanu’s motion.