The Federal High Court in Abuja has convicted the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, on count two of the terrorism charges filed against him, ruling that the prosecution proved its case beyond reasonable doubt.
The offence, under Section 16 of the Terrorism Prevention Act 2013, carries a punishment of death or life imprisonment upon conviction.
In his judgment, Justice James Omotosho held that Kanu’s declaration of a “sit-at-home” order across the Southeast —accompanied by threats and enforced through violence — amounted to a terrorist act.
The court noted that the defendant had no legal authority to restrict the movement of citizens, emphasising that only the President of Nigeria, under Section 305 of the Constitution, can impose movement restrictions through emergency powers.
“The people of the Southeast cannot be ordered to sit at home by a person who is not a recognised official of the Federal Government or any state government,” the judge held.
Justice Omotosho cited evidence from prosecution witness PW4, who served in Imo State and testified that the Monday sit-at-home order had for years left towns and even farmlands deserted.
The witness also linked the killing of former presidential aide Ahmed Gulak to armed men enforcing the order, noting that Gulak was shot dead near the airport while attempting to travel on May 30, 2021.
A medical report tendered as Exhibit PWK confirmed that Gulak died from gunshot wounds inflicted by armed men believed to be operatives of the Eastern Security Network (ESN), which the court described as operating under the authority and directives of Kanu as IPOB leader.
“The declaration of a sit-at-home without any constitutional power, accompanied by threats, is a terrorist act,” the court ruled.
“The defendant presented no evidence to rebut the prosecution’s case and is deemed to have admitted the evidence as presented.”
The judge concluded that the prosecution successfully established the elements of count two, which charged Kanu with professing to be a member and leader of IPOB, a proscribed organisation, contrary to Section 16 of the Terrorism Prevention Act.
“Consequently, the defendant is hereby convicted on count two,” Justice Omotosho pronounced.
Sentencing is expected to follow, with the court noting that the prescribed punishment for the offence is either life imprisonment or death.
Earlier, the court convicted Kanu on count one of the charges against him after holding that Kanu did not enter a defence or offer any explanation to counter the prosecution’s evidence.
Delivering the ruling, Justice James Omotosho stated that the prosecution’s case stood unchallenged following Kanu’s refusal to properly present a defence and his removal from the courtroom earlier in the day over repeated unruly behaviour.
“This court, therefore, holds that the prosecution has established count one beyond reasonable doubt,” the judge declared.
“Consequently, the defendant is hereby convicted in respect of count one.”
It was earlier reported that Justice James Omotosho of the Federal High Court in Abuja on Monday ordered that proceedings — including the delivery of judgment — would continue in the absence of Nnamdi Kanu, citing the IPOB leader’s persistent “unruly behaviour” in the courtroom.
Security operatives subsequently escorted Kanu out of the courtroom as the judge moved on with the day’s proceedings.
The courtroom of the Federal High Court in Abuja was tense on Monday as Justice James Omotosho clashed with the detained IPOB leader, Nnamdi Kanu after delivering a ruling that dismissed his latest bail application.
However, Nnamdi Kanu objected to the ruling and challenged the court to show him the law that says he cannot be granted bail while the case is on trial.
“Show me the law. Justice Omotosho. Show me the law? Any judgement from this court is a kangaroo. It is premeditated,” says Kanu.
“This is the decision. I appeal to you to compose yourself. This is the Temple of Justice,” Justice Omotosho said, turning to Kanu, who appeared visibly agitated.
“Please, I beg you to compose yourself. You have the right to appeal. Can you excuse me?”
The judge later ordered that he should be removed from his court.
Kanu had filed another request for bail in the midst of his trial, but the court held that the application fell outside the permissible categories of bail and was inconsistent with Section 306 of the ACJA.
Justice Omotosho noted that the defence had already entered its final address in compliance with an earlier order of the court.
In a tense courtroom showdown, Nnamdi Kanu, erupted in protest against the presiding judge, Justice Omotosho, insisting on his constitutional right to present a final written address.
Kanu, visibly angered, argued that he had not forfeited this right and demanded that the court hear him before any ruling could proceed.
The courtroom erupted into chaos as Kanu continued to challenge the authority of the judge.
Kanu insisted that the judge must first listen to his final submissions.
Eyewitnesses described scenes of drama as security personnel prepared to escort Kanu out, while he repeatedly called for justice to be served in accordance with the law.
Justice James Omotosho of the Federal High Court had on November 7 fixed Thursday, November 20, for judgment after ruling that Kanu failed to open his defence within the six days allocated to him.
The media had reported that the IPOB leader filed a motion challenging the validity of the terrorism charges against him, arguing that the repealed Terrorism Prevention and Prohibition Act rendered the charges unlawful.
He asked the court to strike out the case, expunge the “purported plea of not guilty entered by him,” and order his release.
Kanu maintained that the proceedings were a nullity and sought an order directing his release on the grounds that the charges “disclosed no offence known to law.”
Kanu has also filed a fresh suit before the Court of Appeal seeking to halt today’s judgment, but the appellate court has not fixed a date for hearing and has issued no order.
Leave a Reply