The family of the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, has rejected the recent judgment delivered by Justice James Omotosho of the Federal High Court in Abuja.
In a statement issued 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 decision.
According to the family, several legal issues were brought before the court, including Section 36(12) of the Constitution, relevant Supreme Court rulings on repealed laws, and earlier directives linked to previous charges.
They stressed the constitutional requirement that “no person shall be convicted unless the offence is defined in a written law in force at the time,” noting that Supreme Court precedents support this stance.
The family also questioned the legal reasoning used in the judgment, specifically the court’s reliance on a transition or savings clause. They argued that the clause should not apply because, in their view, “Mazi Nnamdi Kanu’s matter was not pending.”
They explained, “The Court of Appeal discharged and acquitted him. That decision terminated all charges,” adding that the case before Justice Omotosho was “a new case, commencing de novo.”
They further argued that a case already terminated cannot be revived through a transition clause, insisting that constitutional protections under Section 36 must remain intact.
“It cannot override the right to be tried only under valid laws, the right to know the exact charges, and the right not to be convicted under repealed or non-existent laws,” the family said.
They emphasised that the Constitution stands above all other laws:
“No transition clause can override Section 36. No statute can override the Constitution. No judge can override the Supreme Court.”
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The statement concluded with a call for due process, stating that “all proceedings should align with existing laws and procedures.”
The judgment in question sentenced Kanu to life imprisonment on counts one, two, four, five, and six. He was also handed a 20-year sentence on count three and a five-year sentence on count seven, all without an option of fine.
Justice Omotosho delivered the ruling after convicting Kanu on all seven counts related to terrorism offences.
