The convicted leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has asked the Abuja division of the Court of Appeal to set aside his conviction and life sentence handed down by the Federal High Court.
In the appeal dated February 4, 2026 ,Kanu specifically urged the appellate court to quash, reverse and set aside the judgment delivered against him in November 2025.
Justice James Omotosho had in the said judgment convicted Kanu on seven- counts terrorism charges and convicted him to life imprisonment.
The offences include: acts preparatory to terrorism, inciting attacks on security personnel and their families, directing the manufacture of improvised explosive devices, leading and belonging to the proscribed IPOB, and making broadcasts allegedly intended to intimidate the public.
He was also sentenced to five years’ imprisonment for importing a radio transmitter without a licence.
However, Kanu, who is currently serving his sentence at a correctional facility in Sokoto State, filed a notice of appeal contains 22 grounds, accusing the trial court of multiple legal and procedural errors.
He contended that his preliminary objections and pending bail application were ignored, and that he was convicted despite an earlier Court of Appeal decision declaring previous proceedings a nullity.
The appellant further contended that the trial judge failed to address the procedural consequences of the disrupted 2017 trial following the military raid on his residence. He also accused the court of misdirection for treating his absence from Nigeria as adverse, insisting he fled for safety reasons.
Other grounds include: claims that he was convicted under a repealed law, subjected to a retrial on overlapping facts, and sentenced without mitigation or allocutus. He maintained that his right to a fair hearing was breached.
In his first ground of appeal, Kanu maintained that the trial judge erred in law “by failing to resolve the procedural and competence consequences of the foundational disruption of the original trial
process in September 2017 (Operation Python Dance II), thereby occasioning a miscarriage of justice.”
Giving the particulars of the error, Kanu told the appellate court that in September 2017, his residence at Afara-Ukwu was invaded during ‘Operation Python Dance II’ by Nigerian State agents.
The said operation resulted in deaths and destruction and triggered disruption of the earlier proceedings.
“The Appellant’s case thereafter proceeded in a manner that required the trial court to first determine the legal effect of that foundational disruption on competence.
The trial court proceeded to take evidence and deliver judgment without first resolving the foundational competence implications arising from the said State action.
“The judgment of conviction was delivered on 20 November 2025 notwithstanding the unresolved foundational competence issues,” he added.
In addition, Kanu told the appellate court Justice Omotosho equally erred in law “by failing, refusing or neglecting to hear and determine the Appellant’s pending Preliminary Objection challenging the competence of the proceedings before proceeding to trial and judgment.”
He argued that his objection which was supported by affidavit evidence, challenged the competence of the proceedings on threshold jurisdictional grounds.
In one of the grounds, Kanu argued that the trial judge proceeded to judgement and convicted him when his pending bail application remained undetermined, “thereby affecting the fairness of the process.”
Aside from praying the Court of Appeal to quash his conviction on all the counts in the charge marked: FHC/ABJ/CR/383/2015, Kanu applied for an order setting aside the sentences/punishment imposed on him by the High Court.
He equally prayed for, “An Order of the Honourable Court of Appeal discharging and acquitting the Appellant in respect of all the counts in charge No.FHC/ABJ/CR/383/2015.”
Kanu disclosed his intention to be present on the hearing of the appeal, saying he “may be conducting the appeal in person.”
“I desire to put my case and argument into writing and also adopt my argument orally in the court on the hearing of the appeal,” he said.
