The family of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has expressed strong disagreement with the judgment delivered by Justice James Omotosho of the Federal High Court in Abuja.
In a statement released on Monday and signed by Emmanuel Kanu on behalf of the Okwu Kanu family, they said they were speaking “with heavy hearts but absolute clarity” about the court’s ruling, insisting that several legal issues they raised were overlooked.
The family explained that they drew the court’s attention to key constitutional provisions, including Section 36(12), as well as past Supreme Court decisions on repealed laws and earlier directives tied to previously dismissed charges. They stressed that the law clearly states that no individual can be convicted for an offence not defined in an existing written law at the time, noting that multiple Supreme Court judgments uphold this principle.
They further questioned the reliance on transition or savings clauses in the ruling, arguing that such provisions should not apply since, in their view, Kanu’s previous case had already been concluded. According to them, the Court of Appeal’s decision to discharge and acquit Kanu ended all prior charges, meaning the fresh charges before Justice Omotosho amounted to a new case starting afresh. “A terminated case cannot be revived by a transition clause,” the family insisted.
Highlighting constitutional rights under Section 36, the family emphasized that Kanu is entitled to be tried only under valid laws, fully informed of the charges, and protected from conviction under repealed or non-existent statutes. They added that no legislative clause or judge’s interpretation can override the Constitution or Supreme Court decisions.
The statement concluded with a call for strict adherence to constitutional provisions and proper legal procedures in all ongoing processes.
Justice Omotosho had earlier sentenced Kanu to life imprisonment on counts one, two, four, five, and six, choosing life terms over the death penalty. He also imposed a 20-year sentence on count three and a five-year sentence on count seven, both without options of fine, after finding Kanu guilty on all seven terrorism-related charges.
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