…Nnamdi Kanu to appeal life imprisonment judgment
The Federal High Court in Abuja has sentenced the self-acclaimed leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to life imprisonment for terrorism.
Justice James Omotosho said he sentenced Kanu to life imprisonment on counts one, four, five, and six, instead of a death sentence.
He also sentenced the IPOB leader to 20 years imprisonment on Count Three, and five years imprisonment on Count Seven, with no option of fine.
He said the sentence shall run concurrently.
Delivering judgment, he said “I hereby sentence the convict to life imprisonment for counts one, four, five, and six, instead of death sentence.
“With respect to Count Three, he is hereby sentenced to 20 years imprisonment without no option of fine.
“For Count Seven, he is sentenced to five years imprisonment without no option of fine. To extend the mercy, I hereby order that the sentence shall run concurrently.”
The judge stated that Kanu must be kept in a facility that will be suitable for his custody and should not be allowed close to any digital device, or must be monitored by the office of the National Security Adviser.
He also said that the IPOB leader’s transmitter would be given to the Federal Government.
Guilty Verdict
The court had earlier found Kanu guilty of terrorism against the Federal Government.
Justice James Omotosho, while delivering judgment, said the prosecution proved its case in the seven counts against Kanu beyond a reasonable doubt.
On Count One, he said that the defendant failed to respond to the broadcast accusation and deliberately refused to enter his defence on it.
Omotosho stated that evidence shown by the prosecution revealed that the defendant ordered the sit-at-home order in the South-East region.
He said Kanu committed an act of terrorism against Nigeria by making a broadcast threatening that people would die and the world would be at a standstill.
The judge said the defendant knew what he was doing and was bent on carrying out the threats without consideration for the lives of his own people.
“From the uncontroverted evidence of the prosecution, it is clear that the defendant carried out a preparatory act of terrorism. He had the duty to explain himself, but failed to do so,” Omotosho said.
Justice Omotosho also convicted him on counts two, three and four.
He held that the threats of violence and killings, including the declaration of sit-at-home in the South East states, in his many broadcasts constituted acts of terrorism.
While delivering the judgment, Justice Omotosho read transcripts, quoting Kanu’s comments.
The judge stated, “While responding to a caller, the defendant urged his callers to ambush the security forces during the protests and cut them off.
“He said, ‘Go to the bush. You need to cut them off from the back, ambush them, take their guns from them and kill them.
“’They are animals and not human beings. They may be wearing uniforms like police or soldier, but they are animals. Disarm them and kill them.’
“’If you allow them to escape, your life is over, and I want, I want Lagos Airport to be on flame. Breach the perimeter fence and burned down the Lagos airport. If you have a double-barrel or pistol, go to the airport and burn it down.
“Set Muritala Muhammed Airport on fire. Set it ablaze right now. You are dealing with animals. Fulani janjaweed; they do not reason.’”
‘International Terrorist’
Omotosho convicted Nnamdi Kanu on offences relating to belonging to a proscribed terror group and inciting his followers to violence.
In the judgment, the judge found him guilty of charges levelled against him by the Department of State Services (DSS).
Justice Omotosho held that the prosecution led credible evidence to establish that Kanu belonged to IPOB which had been proscribed and its affiliate, the Eastern Security Network (ESN).
The judge also held that the prosecution proved that, by his many broadcasts, he incited his followers to violence, which resulted in the killing of security personnel and the destruction of property, including police stations across the country.
He classified Kanu as an international terrorist due to his intention to bomb the British High Commission and to kill the then British High Commissioner, Catriona Laing.
Justice Omotosho, while convicting him on Count Six, also held that Kanu extended his terrorism act to the United States of America when he ordered that the American embassy be brought down, in a broadcast.
“Thus, from the above, it can be said that the defendants incited people to invade the British High Commission, and his threat against British High Commissioner Catriona Laing, and the American embassy is an act of international terrorism.
“This is the purpose of Section 3 of the Terrorism Prevention Amendment Act 2013, which provides: ‘Any person who intentionally (a) murders, kidnaps, commits other attacks on persons or liberty of an international protected persons, (b) carries out violent attack on official premises, private accommodation, or means of transport of an international protected person in a manner likely to endanger his person or liberty, (c) threaten to threatening to commit any such attack, commits an offence, and is liable on conviction to life imprisonment,” he said.
“The High Commissioner is an international protected person, being the representative of the British government in Nigeria, as well as other staff of High Commission and Embassy of the United States of America. Leaving the defendant to continue his terrorist activity would have led to an international incident involving Nigeria and other foreign nations, who are good partners with Nigeria.
“The question to ask again is whether bombing or attacking embassies of high commissions constitutes an action consistent with agitation for self-determination. Again, the answer is no.
“All these acts go to show that the criminal tendency of the defendant, as well as show concrete proof of his terrorist acts. Therefore, I owe without hesitation that the prosecution has successfully established Count Six against the defendants. Consequently, he is hereby convicted of Count Six of the charge,” he declared.
‘Freedom-Fighter’ Claim
Omotosho stated that the IPOB, like Boko Haram, Lakurawa and other terrorist organisations, has inflicted terror on Nigerians and destroyed lives and property, especially in the South-East region.
The judge said Nigeria is an indivisible state and cannot be divided, as anyone agitating for a breakup of Nigeria is breaking the law..
He said the defendant was using terrorism as a weapon to bring secession to Nigeria, adding that he did not threaten Nigeria only, but his own people.
“Terrorism has become a monster in the world today, and several groups have continued to use this form of weapon to form separate governments. In Nigeria, groups like Boko Haram, Lakurawa, IPOB have in recent years troubled Nigeria with terrorist activities,” he said.
“This terror group, by their activities, are denying innocent people the enjoyment of their fundamental rights. The action of the defendant and his terrorist organisation have led to the bloodshed of innocent citizens as well as security personnel who were going about their legitimate duty.
“His incitement to the broadcast on Radio Biafra, as well as the social media platform of the group, has led to the destruction of lives and property, as well as it has affected the daily life of the people of South-East,” he added.
According to Justice Omotosho, the right to self-determination is a political right.
Article 20 of the African Charter on Human and Peoples’ Rights gives people the right to self-determination.
Nigeria domesticated the charter, provided it does not conflict with the constitution.
Section 1(1) of the Constitution states that Nigeria is one indivisible and indissoluble sovereign state.
Self-determination can only be achieved by seeking an amendment to the constitution from the National Assembly, and not a referendum.
The judge further stated that Kanu was rude and cocky when he stated that no court could convict him, adding that the defendant brought more harm to his people, who are of the Christian faith.
Drama
There was a mild drama earlier when Kanu argued that the court could not proceed because he had yet to file his final written address.
Raising his voice, Kanu said, “You don’t know the law. Show me where you have the right to waive my right to a final address. Show me what the Constitution says, you cannot show me!”
But the IPOB leader was later moved out of the courtroom on Omotosho’s order, while the judge ruled that the judgment would be delivered in Kanu’s absence.
Prosecution Seeks Death Sentence
Before the sentence was handed down, counsel for the Federal Government, Gboyegba Awomolo (SAN), demanded the death sentence for Kanu and pleaded with the court to keep the IPOB leader in the safest custodial centre, because his safety is very important.
The senior lawyer explained that families of the 75 officers who were killed would find succour in the verdict.
According to him, the convict now knows that the law is greater than any individual.
He said Kanu demonstrated no restraint for the Administration of Criminal Justice Act (ACJA), and ought to show penitence and remorse, and not arrogance.
On his part, a representative of Kanu and a member representing Ikwuano/Umuahia North/Umuahia South Federal Constituency in the National Assembly, Obinna Aguocha, urged the court to be lenient.
Kanu To Appeal
Meanwhile, a consultant to the IPOB leader, Aloy Ejimakor, has vowed to challenge the life sentence.
“We are heading to the Court of Appeal. The Court of Appeal is the only court in this country that sits as a jury. We will ask the justices to check what happened today,” the lawyer said after the sentence.
Ejimakor described the judgment as “a symbol of the travesty of justice that everybody has suspected,” and argued that the conviction lacked a legal basis.
“If the Court of Appeal disagrees with us, we head to the Supreme Court. By God Almighty, Nnamdi Kanu will not stand convicted. Today is the only day I have seen a man convicted for what he said, not what he did.
“The sentence is overboard, cruel and unusual. How can you convict a man for making a broadcast from an unnamed location? He never tied that broadcast to any violence, not even someone slapping someone,” he added.
Since his arrest in October 2015, Kanu has been at the center of one of Nigeria’s most protracted and controversial legal battles.
His trial has spanned a decade, marked by dramatic turns, international disputes, and recurring questions about due process and human rights.
