Di Indigenous People of Biafra, IPOB, don claim say di Nigerian government admit say Justice James Omotosho of di Abuja Federal High Court act without jurisdiction when e convict dia leader, Nnamdi Kanu, and sentence am to life imprisonment.
IPOB make dis claim inside statement wey dia spokesman, Emma Powerful, release to announce say proceedings don start for di appeal wey Kanu file to challenge im conviction.
Di brief of argument for di case bin file on Friday at di Court of Appeal, Abuja Division. Di Nigerian government don reportedly also file dia own cross-appeal for response to Kanu im brief of argument for di appeal.
Justice Omotosho convict Kanu on terrorism charges wey di Nigerian government file against am for judgment wey e deliver on November 20, 2025. Kanu dey currently serve im life sentence for Sokoto prison.
For di statement wey e release after Friday proceedings, IPOB say di Nigerian government, inside di cross-appeal wey e file for response to Kanu im appeal, admit say di Federal High Court wey Justice Omotosho preside over convict and sentence Kanu without jurisdiction.
“Di judgment wey Justice James Omotosho deliver on 20 November 2025 don create crisis wey far bigger than di fate of Onyendu Mazi Nnamdi Kanu. E don create crisis of institutional credibility.
“Wetin make di situation extraordinary na say di Federal Government itself don now supply one of di most devastating pieces of evidence against di judgment.
“Inside im Cross-Appeal as e argue for di Brief of Argument wey e file today (Friday), di Respondent (Federal Republic of Nigeria) expressly admit say James Omotosho J, ‘act without jurisdiction’ when e impose di sentence of life imprisonment instead of death penalty.
“Di Federal Government don effectively fire cannon through di heart of di judgment wey e dey simultaneously attempt to defend.
“A court either possess jurisdiction throughout di proceedings or e no do. Dat principle don govern Nigerian law for decades.
“If di trial court lack jurisdiction to impose sentence, as di Federal Government now assert, den di same trial court lack jurisdiction to produce di conviction wey di sentence supposedly arise from. Di conviction and sentence na juridically inseparable. One no fit survive without di other,” IPOB tok.
Alleging say di Federal Government don inadvertently convert itself into witness against im own judgment, IPOB say di development don create danger for di Nigerian judiciary.
E add, “Any attempt by di Court of Appeal to affirm di conviction while simultaneously accepting di Federal Government admission regarding jurisdiction go require di creation of entirely new species of criminal jurisprudence unknown to Nigeria, unknown to di Commonwealth, and unknown to di common-law world.
“Di court go effectively dey say a trial court fit lack jurisdiction and yet validly convict.”
Di separatist group state say di Nigerian government don create problem for itself for di alleged attempt to use di invocation of di death penalty to intimidate Kanu into renouncing Biafra restoration.
“Dem instead shoot themselves for foot,” IPOB tok.
Kanu and im lawyers don, for kicking against Justice Omotosho judgment, insist say di conviction dey based on repealed law. With di commencement of di appeal, di group declare say di Nigerian judiciary dey on trial.
Di statement tok, “today our leader and prophet file di long awaited appeal following Omotosho conviction judgment. Di issue before di Court of Appeal for di case of Onyendu Mazi Nnamdi Kanu no longer dey merely about one man.
“E now dey about whether di Nigerian judicial system dey prepared to remain legal institution or whether e dey prepared to openly repudiate im own foundational principles. Nigerian judiciary, from di Supreme Court to di lowest for di land, dey effectively on trial before di whole world starting from today.”
According to IPOB, di appeal don assume significance far beyond di immediate parties wey dey involve for di case – Nnamdi Kanu and di Nigerian government.
Di statement add, “Di Court of Appeal no longer dey decide merely whether Onyendu Mazi Nnamdi Kanu suppose be convicted. E dey decide whether long-established principles of Nigerian criminal law still mean wetin dem tok.
“E go get to explain how conviction fit stand when di trial judge himself acknowledge say without written law there can be no conviction. TPAA no be written law wey dey force for Nigeria as at 20 November 2025.
“Di Nigerian judiciary now stand at crossroads. One path preserve di integrity of constitutional government. Di other path require di abandonment of principles wey Nigerian courts don repeatedly proclaim over many decades.
“Di Federal Government don, for effect, inform di Court of Appeal say di trial court lack jurisdiction. Di question now become unavoidable: If di trial court lack jurisdiction, wetin exactly remain to affirm?”
IPOB call on all defenders of constitutionalism, both inside Nigeria and internationally, to closely observe proceedings for di appeal.
