Mazi Nnamdi Kanu, leader of the proscribed IPOB, has been sentenced to life imprisonment after the Federal High Court in Abuja convicted him on multiple terrorism-related counts. Justice James Omotosho delivered the ruling after dismissing all preliminary applications filed by Kanu and concluding that the prosecution proved its case beyond reasonable doubt.
Commencement of Proceedings
At the commencement of today’s proceedings in the terrorism trial of Nnamdi Kanu, Justice James Kolawole Omotosho gave both parties time to address the court before ruling on all pending applications.
The court noted that Kanu filed three applications: a motion to stay proceedings, a bail application, and an application to file a written address. Justice Omotosho rejected all three, citing Section 306 of the ACJA which prohibits stay of proceedings in criminal trials.
Why the Bail Application Failed
The judge held that Kanu’s bail application did not specify whether he sought bail pending trial or bail to set him free, leading to its dismissal.
Final Address Application Thrown Out
On the request to file a final written address, the judge said Kanu’s refusal to enter defence signified he wished to rest his case on the prosecution’s evidence, making him ineligible to file such an address.
Courtroom Outburst and Removal
Kanu vehemently objected to the rulings, resulting in an outburst that prompted the judge to order DSS officers to remove him from the courtroom.
Court’s Jurisdiction and Applicable Law
Justice Omotosho affirmed that the charges were validly filed under the Terrorism Prevention and Prohibition Act 2013, which was the extant law when Kanu was first arraigned.
The court identified four key issues for determination: denial of fair hearing, effect of alleged extraordinary rendition, impact of repealed law, and whether the prosecution proved its case.
Fair Hearing Considered and Rejected
Tracing the case history, the judge said Kanu had repeatedly delayed trial despite being given numerous opportunities to present his defence, and therefore could not claim denial of fair hearing.
The judge held that Kanu failed to give oral evidence or produce witnesses to substantiate claims of extraordinary rendition, reducing the allegation to mere assertion.
Supreme Court Rulings on Rendition Cited
Omotosho cited Supreme Court positions affirming that the manner in which a defendant is brought to court does not invalidate trial jurisdiction.
Compensation From Kenyan Court Not a Basis to Halt Trial
The court noted that Kanu had already been awarded damages by a Kenyan court for rights violations and could not benefit twice from the same issue.
Kanu Declared Fit to Stand Trial
Justice Omotosho referenced medical assessments confirming Kanu’s fitness, adding that his conduct in court showed he understood proceedings.
Court Rejects Argument on Repealed Law
The judge explained that the law in force at the time of filing charges—Terrorism Prevention Amendment Act 2013—remained valid, and Kanu misunderstood the application of repealed laws.
Charges Filed and Summary of Allegations
The court reviewed the seven charges, which included threatening broadcasts, issuing violent sit-at-home orders, IPOB leadership claims, incitement to kill security personnel, directing violent attacks, ordering explosives manufacturing, and illegal importation of a radio transmitter.
Count One: Threat Broadcasts Constitute Terrorism
The court ruled that Kanu’s recorded threats met legal definitions of terrorism and convicted him on count one.
Count Two: Sit-at-home Order as Terrorist Act
Evidence showed Kanu threatened destruction of businesses and institutions disobeying sit-at-home orders; he was convicted on count two.
Count Three: Membership of a Proscribed Group
Video clips where Kanu identified himself as IPOB leader and ESN commander were cited, leading to conviction on count three.
Counts Four & Five: Incitement to Kill Security Personnel
The judge reviewed broadcasts urging attacks on police and army officers. Evidence linked these broadcasts to deaths of numerous security personnel. Kanu was convicted on both counts.
Count Six: Incitement to Manufacture Explosives and International Terrorism
The court cited videos of Kanu teaching construction of explosives and inciting an attack on the British High Commissioner. He was convicted on count six.
Count Seven: Illegal Importation of Transmitter
Testimony from PW4 confirmed recovery of an illegally imported radio transmitter, resulting in conviction on count seven.
Prosecution Demands Maximum Punishment
Prosecuting SAN Adegboyega Awomolo insisted on maximum penalties, including death sentences for counts that carry capital punishment.
Defence Pleads for Mercy
Kanu’s lawyer, Aguocha, pleaded for leniency during sentencing.
Court Break Before Sentencing
The court adjourned for one hour before delivering the final sentence.
Final Sentencing: Life Imprisonment
Justice Omotosho sentenced Kanu to life imprisonment on counts 1, 2, 4, 5 and 6; 20 years on count three; and 5 years on count seven, all without option of fines.
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UPDATED: Judge Rejects All Applications Filed by Nnamdi Kanu, Adjourns Case to Dec.1
Judge Cites Biblical Mercy Over Death Penalty
Though the judge noted Kanu’s conduct and the gravity of offences warranted a death sentence, he referenced Matthew 23:23 and global concerns over death penalties, opting for life imprisonment instead.
No Digital Devices and Protective Custody Ordered
The court ruled that Kanu must not have access to digital devices except under strict NSA supervision, and ordered he be kept in protective custody outside Kuje facility.
The illegally imported transmitter was ordered forfeited to the Federal Government.
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