The defence team of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has challenged the Federal Government to appear before the court and defend his conviction, insisting that the government should “show the law” under which he was sentenced.
Key Highlights
- Nnamdi Kanu’s defence team urges FG to respond to his pending appeal against life sentence.
- IPOB leader’s lawyers accuse government of delaying court proceedings.
- Defence team questions the legal basis of Kanu’s terrorism conviction.
- Kanu’s family had petitioned the CJN and Court of Appeal President over delayed hearings.
Kanu is currently serving a life sentence at the Sokoto Correctional Centre following his conviction on terrorism-related charges brought against him by the Nigerian government.
The IPOB leader has appealed the judgment, seeking to overturn the conviction, while his legal team has continued to demand that the appeal be heard without further delay.
The defence team made its position known in a statement issued on Wednesday by Barrister Christopher Chidera, Esq., a member of the Global Legal Consortium representing Mazi Nnamdi Kanu.
Chidera supported the call by the Okwu-Kanu family for the immediate hearing of Kanu’s pending appeals, stating that the prolonged delay in determining the cases was unacceptable.
The family had earlier revealed that Kanu wrote to the Chief Justice of Nigeria (CJN) and the President of the Court of Appeal, requesting the immediate listing and hearing of his pending matters.
According to the family, the request was made because of delays surrounding Kanu’s detention, conviction and continued imprisonment.
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Reacting to the development, Chidera questioned why the Federal Government had not actively defended the conviction before the appellate courts.
“I fully support the Okwu-Kanu Family’s call for the immediate listing and determination of Onyendu Mazi Nnamdi Kanu’s pending matters before the Supreme Court and the Court of Appeal,” he said.
“The question is becoming embarrassingly simple: Why is the Federal Government running from the courtroom?
“Mazi Nnamdi Kanu has repeatedly asked that his matters be heard. If the Federal Government believes that his conviction is legally sound, it should come to court and defend it. There is nowhere to hide.”
The lawyer further challenged the government to identify the specific law under which Kanu was convicted, arguing that criminal offences and punishments must be established under written laws as required by the Nigerian Constitution.
He cited Section 36(12) of the 1999 Constitution, which provides that a person cannot be convicted of a criminal offence unless the offence and its punishment are prescribed by a written law.
Chidera argued that the appellate court would need to determine whether the legal framework used in Kanu’s conviction complied with constitutional requirements.
He questioned the relevance of repealed laws and savings provisions in sustaining the conviction, adding that the court must examine the specific legislation that was in force at the time judgment was delivered.
“The relevant question therefore cannot be avoided: What was the extant written law governing the offence and punishment at the time Mazi Nnamdi Kanu was convicted?” he said.
The defence lawyer maintained that the issues raised by Kanu were fundamental legal questions that should be resolved by the Court of Appeal.
“These are not complicated questions. They are the very questions Mazi Nnamdi Kanu was asking at trial when he demanded: ‘show me the law’,” he added.
Chidera urged the Federal Government to present its arguments before the court and allow the judiciary to determine the outcome of the appeal.
“The Federal Government should therefore stop running from the courtroom. Come and defend the conviction. Identify the law. Explain the statutory provisions. And let the Court of Appeal determine the consequences,” he said.
The Federal Government has maintained that Kanu was lawfully convicted, while his legal team continues to challenge the judgment through the appeal process.
