The Indigenous People of Biafra (IPOB) has accused the Federal Government of sustaining the imprisonment of its leader, Nnamdi Kanu, on the basis of a repealed terrorism law and alleged that delays at the Court of Appeal were frustrating his bid to overturn his conviction.
IPOB, in a statement by its spokesperson, Emma Powerful, yesterday, argued that Kanu’s November 20, 2025 conviction by Justice James Omotosho of the Federal High Court, Abuja, could not stand because some of the offences for which he was convicted were brought under the Terrorism Prevention (Amendment) Act 2013, which had been repealed by the Terrorism (Prevention and Prohibition) Act 2022.
Kanu was convicted on seven terrorism-related counts and sentenced to life imprisonment on the major counts, with additional prison terms on others. He subsequently filed an appeal challenging the conviction and sentences.
Among the grounds contained in his February 4, 2026 notice of appeal is the contention that the trial court erred by convicting and sentencing him under the 2013 terrorism legislation despite its repeal before judgment.
IPOB alleged that the Federal Government had failed to respond to Kanu’s appeal within the prescribed period and accused the Court of Appeal of failing to list the matter for hearing.
“The government filed nothing. The Court of Appeal is hiding the file. That is the Nigerian system,” Powerful alleged.
The group argued that ordinarily, the failure of a respondent to file processes within the stipulated period should have consequences, but claimed that the Federal Government was instead benefiting from continued delays while Kanu remained incarcerated.
IPOB maintained that the 2022 terrorism law contains transitional provisions governing proceedings initiated under the earlier legislation and argued that these should have applied to Kanu’s case.
It cited the Supreme Court decision in State v. Egigia (2024) LPELR-62009(SC) in support of its contention on the legal consequences of repealed legislation.
Powerful accused Justice Omotosho of applying the repealed legislation despite recognising the constitutional principle that criminal liability and punishment must be founded on written law.
“He announced the rule. He quoted the Supreme Court. He used the Terrorism Prevention (Amendment) Act 2013 corpse anyway,” Powerful said.
IPOB insisted that it did not regard the issue as a mere judicial error, alleging that the judgment was legally indefensible.
The group also recalled the October 13, 2022 judgment of the Court of Appeal which discharged Kanu and contrasted the speed with which subsequent proceedings were handled at the time with what it described as the present delay in hearing his latest appeal.
“Fourteen days to keep him in chains. Endless silence now that he asks for a hearing. That is not a busy court. That is a court that knows which way power blows,” the statement said.
IPOB consequently challenged the Attorney-General of the Federation to explain the legal basis for Kanu’s conviction and called on the President of the Court of Appeal to explain why his appeal had allegedly not been listed.
Addressing the Attorney-General, Powerful said: “You missed the filing because you have no living law to put in a brief.”
To the President of the Court of Appeal, the group said: “Explain why your court can move mountains to keep a man in custody but cannot move a file to hear his appeal.”
It also challenged Justice Omotosho over the legal foundation of the conviction, saying: “You recited the Constitution. You recited the Supreme Court. You then convicted under a dead repealed statute.”
IPOB called on the international community to demand clarification from the Federal Government on the legislation and specific provisions under which Kanu was convicted.
The group said its immediate demand was not for the Court of Appeal to determine the case in Kanu’s favour but for the appeal to be listed and heard.
“List the appeal. Put the living law on the table. Or admit the conviction is a fraud and release him. No written law, no conviction. The law is dead and buried. A dead law cannot carry a living conviction,” Powerful said.
IPOB maintained that Kanu’s conviction was void and should be set aside.
Credit: The Sun