Following a long legal battle, Justice James Omotosho of the Federal High Court sitting in Abuja has found the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, guilty on multiple charges.
Kanu was found guilty of treasonable felony and terrorism charges brought by the Federal Government years ago, with the court noting that the prosecution had proven beyond a reasonable doubt that he committed the offenses.
The 58-year-old IPOB leader was found guilty of committing acts of terrorism against the Federal Republic of Nigeria by making broadcasts, issuing threats that people would die, and carrying out threats against anyone who failed to comply with the sit-at-home order in the South-Eastern states.
Kanu was convicted on a three-count charge related to belonging to a proscribed organization, a two-count charge over threats enforcing an illegal sit-at-home order in the South-Eastern states, and a one-count charge for making threats that people would die.
According to Justice Omotosho, during the ruling on Thursday, the declaration of a sit-at-home order without proper authority constitutes a terrorist act.
The court also stated that it relied on Justice Nyako’s ruling declaring IPOB a terrorist organization, adding that Kanu, in a live broadcast, had admitted to leading the group.
In addition to his other charges, Kanu was also convicted on Count 4 and Count 5 for incitement and unlawful provocation, with the court finding that through his broadcasts and public statements, he deliberately encouraged and provoked others to commit illegal acts.
According to Justice Omotosho, the IPOB leader’s actions amounted to unlawful provocation and terror-related incitement including the killing of over 128 police officers, 37 military officers, and 10 security officers.
Kanu was also found guilty on Count 6, with the court accepting evidence of international incitement. The court noted that his actions and broadcasts encouraged unlawful acts beyond Nigeria’s borders and that he had intended to bomb the American Embassy and kill the then British High Commissioner, Catriona Laing.
Designating Kanu as an “international terrorist”, the court stated that under international law, the premises of an embassy or high commission can not be invaded by a host country.
In addition to his conviction on terrorism-related charges, Kanu was convicted on Count 7 for the illegal importation and concealment of a radio transmitter in a container declared as “used household items,” in violation of Section 47 of the Customs and Excise Management Act.
After the IPOB leader was convicted on all seven counts against him, the prosecuting counsel, Adegboyega Awomolo, prayed the court to hand down the maximum sentence prescribed by law.
He also asked the court to impose restrictions on Mr. Kanu’s use of social media pending the execution of his sentence, saying “If the court is inclined to allow him access to electronic devices, it should be with the permission of the NSA.”
Awomolo further requested that Kanu be kept in the safest custodial facility in Nigeria pending the execution of his sentence, expressing concerns about Kuje Correctional Center:
“I am not confident about the safety of Kuje Correctional Center. His enemies or even associates may target him, and given that Kuje has witnessed jailbreaks, it is not safe to preserve his life until he is either executed or otherwise.”
The court gave Kanu’s former lawyer the chance for allocutus (a final plea before sentencing), but Alloy Ejimakor ceded that role to a member of the House of Representatives representing Kanu’s constituency.
Speaking on Kanu’s behalf, the representative pleaded for clemency, mercy, and peace, appealing for leniency and urging the court to temper justice with mercy.
Meanwhile, the court adjourn to reconvene at 3.50pm for the final sentencing, when the IPOB leader will knmow his fate after many years of forth and back.
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