Judge declares Kanu international terrorist
A Federal High Court in Abuja has sentenced Nnamdi Kanu of the proscribed separatist group Indigenous People of Biafra (IPOB) to life imprisonment upon his conviction on the offence of terrorism.
Justice James Omotosho, while concluding his judgment on Kanu’s trial on Thursday, sentenced him to life imprisonment in relation to counts one, two, four, five and six of the seven-count charge in which he was prosecuted by the Department of State Services (DSS).
For count three, relating to the offences of belonging to a proscribed terrorist group, Justice Omotosho sentenced him to 20 years imprisonment without an option of fine.
On count seven, bordering on his unlawful importation of a radio transmitter for the purpose of furthering the clandestine activities of Radio Biafra, which is not registered in Nigeria, the judge sentenced him to five years imprisonment without an option of fine.
The judge, who noted that Kanu had been unruly all through the trial, said the law allowed the court to sentence him to death for the terrorism offences, but that he (the judge), as a Christian, chose to be merciful to the defendant.
Justice Omotosho ordered that the defendant be kept in protective custody in any part of the country, but not in Kuje prison, Abuja, and that the radio transmitter be forfeited to the Federal Government.
Delivering the judgement, the judge said, “No doubt the convict has not acted well throughout this period. He has caused delay and cried that he was held unlawfully.”
Justice Omotosho noted that Mr. Kanu’s unruly attitude had been persistent.
“The convict’s unruly behaviour down to date has been noticed; however, the court would not consider that.”
“This court is only being merciful to him. The court is minded to sentence the convict to death.”
He observed that despite the gravity of the offences, the convict carried himself with arrogance rather than remorse.
The judge said, “The convict has shown no remorse. He is cocky and arrogant.”
The judge said he was choosing mercy over the death penalty, guided by scriptural admonition. “I must temper justice with mercy.”
Relying on the Book of Matthew, he added: “The court is moved by Chapter 23:22 and 23. It is in this note I would follow the admonishment of Jesus Christ.”
Justice Omotosho held, “I hereby sentence the convict to life imprisonment for counts 1, 4, 5 and 6. Instead of the death sentence, life is sacred to God.”
“With respect to count 3, he is thereby sentenced to 20 years’ imprisonment.”
The judge also ruled on seized items linked to the case.
“The transmitter is forfeited to the Federal Government.”
Earlier, the court had convicted Kanu of the proscribed separatist group Indigenous People of Biafra (IPOB) on all the offences contained in the seven-count terrorism charge.
Justice Omotosho, in his judgment in Kanu’s trial, found him guilty on all the counts in the charge being prosecuted by the Department of State Services (DSS).
Justice Omotosho held that the prosecution provided sufficient credible evidence to establish its case against Kanu.
The judge said the court has no option than to believe the evidence as led by the prosecution since the defendant failed to enter his defence, but chose to gamble by resting his case on that of the prosecution.
In the judgment delivered on Thursday, Kanu was said to have made it clear that Somalia will be a paradise unless the Biafra nation is granted.
In one of the interviews he granted Sahara Television, the convict was said that nothing will be living in a zoo called Nigeria by the time he executed his secession threat.
He also said that the only language people in the zoo (Nigeria) understand is violence and will be given to them.
In the interview, Kanu, who claimed to be founder and Director of Radio and Television of Biafra, made a broadcast to the effect that the Army of Nigeria will die. Everything call Nigeria will perish in Biafra.
At Igbo World Congress in the United States of America, Kanu also stated at the occasion that there will be a blood boom. America will give us guns and bullets. We are ready to perish unless they give us Biafra.
Justice Omotosho, in the judgment, said that the allegations against Kanu were proved beyond reasonable doubt, going by avalanches of exhibits tendered against him.
The Judge held that the convict did not help the matter when he bluntly refused to enter defence in the charges against him.
According to the Judge, Kanu knew what he was doing while making the reckless violent statements in his numerous broadcasts.
Justice Omotosho, also in the judgment in Kanu’s terrorism trial, found him guilty in relation to counts three, four and five of the seven-count charge being prosecuted by the Department of State Services (DSS).
Justice Omotosho held that the prosecution led credible evidence to establish that Kanu belonged to IPOB which had been proscribed and its affiliate, the Eastern Security Network (ESN).
The judge also held that the prosecution proved that, by his many broadcasts, he incited his followers to violence which resulted in the killing of security personnel and destruction of property, including police stations across the country.
Shortly after the conviction, before handing down the sentences, the Prosecuting lawyer, Adegboyega Awomolo (SAN), said more than 75 security personnel lost their lives due to the terrorism activities of Kanu, his groups and followers, while many other innocent Nigerians were also killed and public property destroyed.
Awomolo said the subjection of Kanu to the maximum punishment will serve justice to all the victims of his acts of terrorism.
While House of Representatives member Obi Aguocha, speaking as a locutor for Kanu, pleaded for mercy and clemency on his behalf, he urged the court to temper justice with compassion.
The case has been on since 2015. It was interrupted for about three years due to Mr Kanu’s disappearance from the country following soldiers’ attack on his home in Abia State in September 2017.
The trial was halted after the Court of Appeal, in October 2022, struck out the charges, declaring Mr Kanu’s “extraordinary rendition” from Kenya unlawful.
However, the Supreme Court, in December 2023, acknowledged that his arrest was illegal, but ruled that no Nigerian law bars trials based on “illegally obtained evidence.” It held that the forced return of Mr Kanu did not strip the Federal High Court of jurisdiction.
The court there ordered that Kanu should go back to the Federal High Court to face the trial.
The case has since moved through several judges, including Binta Nyako, before being reassigned to Justice James Omotosho in March this year.
The prosecution closed its case in June this year, after which Mr Kanu filed a no-case submission that was dismissed, arguing that the prosecution failed to lead credible evidence against him to warrant putting forward any defence.
Following the ruling, he filed a motion he personally signed on 21 October, listing serving and retired public officers, alongside unnamed individuals, as proposed defence witnesses.
He said he planned to call 23 witnesses, divided into “ordinary but material witnesses” and “vital and compellable” ones, to be summoned under Section 232 of the Evidence Act, 2011. He also asked for 90 days to conclude his defence.
At the hearing on 23 October, scheduled for him to open his defence, Mr. Kanu announced the disengagement of his legal team led by former Attorney-General of the Federation, Kanu Agabi. He told the court that he would defend himself, prompting the judge to adjourn until the following day.
When the matter resumed on 24 October, he stated that he could not proceed with his defence because he had yet to retrieve his case file from his former lawyers.
The judge adjourned till Monday, 27 October; again, he declined to enter defence despite the judge’s appeal to make use of the opportunity provided by the law.
At Thursday proceedings court, ahead of the ruling, Kanu insisted that proceedings could not continue because he had not yet filed his final written address, accusing the judge of bias and not understanding the law.
When Kanu became unruly, the court ordered Kanu to be removed from the courtroom.
Before delivering judgement on Thursday, the judge had ruled and dismissed three fresh motions filed by Kanu.
As the judge moved to deliver the ruling earlier scheduled for Thursday, Kanu argued that the court could not proceed because he was yet to file his final written address.
Raising his voice, Kanu accused the judge of being biased and claimed that the judge did not know the law.
