Reported by: Ijeoma G | Edited by: Gabriel Osa
Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has formally filed a notice of appeal at the Court of Appeal, challenging his conviction and multiple sentences imposed by the Federal High Court in Abuja. In legal documents dated February 4, 2026, Kanu insists that his trial was flawed, riddled with fundamental legal errors, and amounted to a “miscarriage of justice.” His appeal sets the stage for what promises to be a protracted legal battle over one of Nigeria’s most high‑profile prosecutions in recent years.
Kanu’s appeal directly confronts the judgment handed down on November 20, 2025, by Justice James Omotosho of the Federal High Court, which found him guilty on seven counts, including terrorism‑related offences. Those convictions resulted in five concurrent life prison sentences for terrorism‑related charges, a 20‑year sentence for leadership of a proscribed organisation, and an additional five‑year term without the option of a fine for unlawful importation of a radio transmitter. The federal government maintained that these offences were connected to broadcasts, organisational activities, and preparatory acts linked to violent secessionist agitation.
In his grounds of appeal, Kanu contends that the trial court committed a series of procedural and substantive errors that violated his constitutional rights. Among the principal complaints is that the court failed to properly address a foundational disruption of the original trial process following a 2017 military intervention at his residence in Afara‑Ukwu. Kanu argues this disruption undermined the competence of subsequent proceedings and should have been resolved before the trial continued.
Another central pillar of the appeal is the assertion that the trial court delivered judgment while key legal objections and motions were unresolved. Kanu specifically faulted the court for proceeding to conviction and sentencing while his preliminary objection challenging the competence of the entire prosecution remained undetermined, and while his bail application was still pending. He argues that these failures deprived him of a fair and lawful trial, contrary to the fundamental right to fair hearing under the Nigerian Constitution.
Kanu also challenges the legal basis of his conviction, asserting that the trial court relied on a law that had already been repealed when judgment was delivered. He claims that sentencing under the Terrorism Prevention (Amendment) Act, 2013, was legally impermissible because it had been superseded by the Terrorism (Prevention and Prohibition) Act, 2022, before the court delivered its verdict. According to his appeal, failure to recognise the repeal and to take judicial notice of the current law undermined the legality of the proceedings.
Beyond statutory interpretation, Kanu alleges that the trial court’s actions exposed him to double jeopardy, in violation of constitutional protections, by retrying matters previously addressed and nullified by appellate decisions. He also asserts that he was denied the opportunity to present a final written address before judgment, a procedural right that is central to the adversarial trial process and essential for adequately framing legal arguments in his defence.
The appeal notice emphasises that Kanu wants to be present during the hearing of the appeal and may choose to represent himself. He stated, “I want to be present at the hearing of the appeal because I may be conducting the appeal in person.” This underscores his intention to personally argue legal arguments and engage directly with the appellate bench, a move that could further shape the dynamics of the proceedings.
Among the specific remedies sought, Kanu is asking the Court of Appeal to allow his appeal, quash his conviction and all sentences, and discharge and acquit him of all counts. These reliefs, if granted, would effectively overturn the high court’s judgment and result in his release. The appeal grounds are reported to run to 22 counts challenging both substantive and procedural aspects of the trial, the imposition of sentence, and the adequacy of legal safeguards observed.
Legal observers note that appeals in high‑stakes criminal cases such as this can be lengthy and complex, often involving detailed scrutiny of trial records, legal precedents, and constitutional interpretations. An appellate court’s role is not to rehear evidence but to determine whether the law was correctly applied and whether the defendant’s rights were respected in the process. Kanu’s appeal raises questions about jurisdiction, statutory interpretation, procedural fairness and adherence to constitutional guarantees — all critical factors that could influence the appeal court’s judgment.
Kanu’s detention has been a focal point of national and international attention, drawing commentary from civil society groups, legal experts and political commentators. Supporters have characterised his prosecution as politically motivated, while critics argue that the legal process reflects Nigeria’s ongoing efforts to address challenges posed by groups engaged in violent separatism. The appeal adds a new phase to this contentious legal saga, offering Kanu’s legal team an opportunity to secure judicial review of the Federal High Court’s decision.
As proceedings advance, the Court of Appeal will set hearing dates, issue procedural directives, and determine whether Kanu’s arguments raise sufficient legal merit to warrant overturning the convictions. The outcome could have significant implications for legal norms around terrorism prosecutions, fair trial standards, and the application of repealed statutes in criminal cases within Nigeria’s judicial system.
The appellate process is expected to be closely watched by stakeholders across Nigeria’s political and legal communities as Kanu pursues what he describes as vindication from an unjust conviction.
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