A coalition of rights activists have faulted the verdict delivered by Justice James Omotosho of the Abuja Federal High Court in the trial of the leader of the Indigenous People of Biafra, Nnamdi Kanu.
Justice Omotosho had on Thursday convicted Kanu on terrorism charges brought against him by the Nigerian government and subsequently sentenced him to life imprisonment.
However, a coalition of rights activists, comprising the American Veterans of Igbo Descent, Ambassadors for Self Determination, and the Rising Sun Foundation, in a joint statement on Thursday evening pointed out what they described as a major flaw in the judgment.
While delivering the judgment, Justice Omotosho described Kanu as an international terrorist, stating that he ordered attacks on the United States and United Kingdom embassies in Nigeria.
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Reacting to the judgment, the activists coalition said the allegation that Kanu ordered attacks on the US and UK embassies was never raised in the charges filed against him, and was also not brought up all through the proceedings of the trial.
Wondering how the judge came about the allegation, the activists described the claim as a manufactured lie that collapsed the judgment against Kanu.
Parts of the statement titled ‘Justice Omotosho’s fictional “bomb plot” against US and UK missions’, read, “We address you today on one central, shocking point in the judgment delivered by Justice James Omotosho against Mazi Nnamdi Kanu – the claim that Mazi Nnamdi Kanu planned to bomb the British and United States missions in Nigeria.
“We state openly and without fear of contradiction: This allegation was never charged, never testified to, never tendered in evidence, and never mentioned by any witness in the entire trial. It is a pure invention of the judge, inserted into the judgment to demonise Mazi Nnamdi Kanu before the world and to drive a wedge between him and the governments of the United States and the United Kingdom.”
Stressing that “no witness ever spoke of any bombing plot”, the statement added, “Throughout the proceedings before Justice Omotosho: No charge alleged any plan to bomb US or UK embassies.
No prosecution witness testified about any such plot. No document, exhibit, audio, video, or intelligence report was tendered to support such a claim.
The defence had no opportunity to cross-examine any witness on this issue, because it never arose in court.
Yet, in his judgment, Justice Omotosho casually wrote in this wild story of a supposed plan to bomb the British and American missions. This is not a mistake. It is a fabrication.
“In any criminal justice system worthy of the name, a judge cannot convict an accused person on the basis of stories invented in chambers and not proven in court.”
The activists insisted that the official transcripts of the trial will prove the ‘fabrication’.
The activists added that, to remove any doubt, they have resolved to release to the world the full certified transcripts of everything that transpired in Justice Omotosho’s court.
“Those transcripts will show clearly that no prosecutor, no witness, and no document ever mentioned any threat to US or UK missions. The only people who testified against Mazi Nnamdi Kanu were hired storytellers, and even they did not tell this particular story. The so-called “bomb plot” exists only in the judgment, not in the evidence,” the statement added.
The activists called on the media, members of the diplomatic community and human rights organisations to read the record themselves “and see how far a Federal High Court judge was prepared to go to justify a conviction without evidence”.
Further faulting the judge’s assertion, the activists noted that the alleged directive to attack the US and UK embassies makes no sense considering Kanu’s pro-US and UK record.
The statement said, “This invented “bomb plot” is not only unsupported, it is absurd on its face. In 2017, Mazi Nnamdi Kanu organised the first and only Trump Solidarity Rally in Igweocha (Port Harcourt), where thousands peacefully marched in open support of the then-US President. In 2020, he personally attended a Trump campaign rally in Des Moines, Iowa, openly identifying with the American democratic process. These are not the actions of a man plotting to bomb US or UK missions. They are the actions of a man who, rightly or wrongly, sees the United States and the West as allies in the struggle for justice and self-determination.
“For a Nigerian judge to twist this history into a phantom “terror plot” is not only dishonest; it is dangerous. It sends a message to the world that Nigerian courts are willing to weaponise lies against political defendants.”
The statement declared that the judge’s “fabrication” has destroyed the entire judgment.
“Under the Nigerian Constitution and basic common sense, a person can only be convicted on evidence given in court. The offence must be clearly written in a valid law, and the accused must have a fair chance to challenge any allegation.
By importing a serious accusation that was never charged, was never proved, and was never put to the accused, Justice Omotosho violated Mazi Nnamdi Kanu’s right to fair hearing; turned himself from an impartial judge into a prosecution witness and propagandist; built his judgment on facts that do not exist in the record.
“Once a judge bases a criminal conviction on fabricated, extraneous material, the entire judgment is poisoned. It is legally unsafe, morally bankrupt, and constitutionally void. This single act of fabrication is enough, on its own, to nullify the judgment, justify its reversal on appeal, and trigger serious disciplinary action by the National Judicial Council, NJC,” the statement added.
Stating what the alleged fabrication means to the judiciary, the activists noted that when a judge in a criminal trial descends into the arena of fabrication and lies, the judiciary itself is in trouble.
“This is no longer about one man, Mazi Nnamdi Kanu. It is about whether any Nigerian can trust that our courts will decide cases on evidence, not on scripts; judges will respect the record, not rewrite it, and the bench will not be used as a tool to destroy political opponents.
“Justice Omotosho’s conduct sends the worst possible signal, both domestically and internationally. It tells the world that Nigeria’s courts can be used to manufacture “terrorists” on paper while ignoring the actual evidence.”
Vowing that they will not allow the matter to pass quietly, the American Veterans of Igbo Descent, Ambassadors for Self Determination and the Rising Sun Foundation outlined their next steps.
The next steps include “immediate publication of the full transcripts of proceedings before Justice Omotosho, for Nigerians and the international community to read before they falsify it”, and filing of appropriate appeals challenging the judgment on the ground that it is based on fabricated facts not supported by evidence.
They also plan to petition the National Judicial Council and relevant bodies, “asking them to investigate how such a grave falsehood found its way into a Federal High Court judgment”, and direct engagement with US and UK authorities, providing them with the record of proceedings to show that this alleged “bomb plot” exists only in Justice Omotosho’s imagination.
The activists stressed that “the attempt to paint Mazi Nnamdi Kanu as a man who planned to bomb US and UK missions is a fallacy from the pit of propaganda, not from a court of law”.
“It is a stain on the judgment. It is a stain on the court. And unless it is decisively rejected, it will remain a stain on the Nigerian judiciary. We are determined to expose this fabrication in a way Justice Omotosho never imagined possible, with documents, with transcripts, and with the cold, hard truth,” the statement added.
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