Daniel Otera
The Court of Appeal in Abuja has overturned the 2022 acquittal of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), and ordered a fresh trial on terrorism charges. The decision, delivered on Monday, creates an eight-day gap in procedural timelines — a period Kanu’s global defense team has described as a “jurisdictional vacuum,” raising concerns about potential unrest in Nigeria’s Southeast region.
The Mazi Nnamdi Kanu Global Defence Consortium, representing Kanu, warned that the delay could heighten tensions in the region. They cited the likelihood of protests and clashes if Kanu remains in detention without clear legal direction, potentially fueling further unrest among his supporters.
Kanu, a British-Nigerian activist born in 1967, founded IPOB in 2012 to campaign for the secession of Nigeria’s Southeast states. His movement draws on historical grievances stemming from the 1967–1970 Biafran War, which killed an estimated one to three million people, mostly due to starvation.
In 2015, he launched Radio Biafra from London to broadcast pro-Biafra messages, which Nigerian authorities viewed as incitement. That same year, on October 14, Kanu was arrested in Lagos on charges of treasonable felony and prosecuted under Section 41 of the Criminal Code Act for managing a group that “excites disaffection against the government.”
Kanu spent two years in custody before a Federal High Court granted him bail in April 2017, citing health concerns following reports of beatings in detention. Released under strict conditions — including a travel ban and the surrender of his passport — Kanu briefly complied but went underground in August 2018 following a Nigerian Army raid on his Afara Ukwu home in Abia State. The operation, codenamed Operation Python Dance, reportedly led to the deaths of 28 IPOB members and Kanu’s relatives, according to eyewitness accounts and human rights reports.
After fleeing, Kanu resurfaced in Israel, claiming Igbo-Jewish heritage as descendants of ancient Israelites — a narrative that resonated with some Igbo communities but drew accusations of ethnic agitation from the government.
In June 2021, Kenyan authorities arrested Kanu in an upscale Nairobi neighborhood. His lawyers alleged extraordinary rendition, claiming he was forcibly removed from Kenya and flown to Nigeria aboard a military jet — a move that sparked international condemnation. The Department of State Services (DSS) held him in solitary confinement, prompting petitions to the World Medical Association over his deteriorating health, including heart issues and weight loss.
Kanu faced seven counts of terrorism, including jumping bail and inciting violence through IPOB’s Eastern Security Network (ESN). The trial, which drew international scrutiny, began at the Federal High Court in Abuja in July 2021. However, in October 2022, a three-judge panel of the Court of Appeal discharged and acquitted him, ruling that his rendition was unlawful under Article 12 of the African Charter on Human and Peoples’ Rights, which prohibits forced deportation without extradition treaties.
The Federal Government appealed to the Supreme Court, which in December 2023 nullified the acquittal on procedural grounds, ruling that the lower court erred in quashing the entire charge sheet instead of remitting non-jurisdictional counts for retrial.
The apex court returned the case to the trial court, where proceedings resumed in 2024. The prosecution closed its case on June 19, 2025, after calling five witnesses who linked Kanu to ESN operations and Radio Biafra broadcasts.
Kanu’s no-case submission was heard in September 2025, but the latest Court of Appeal ruling on October 13, 2025, voided elements of the earlier acquittal framework, mandating a full retrial starting October 21, 2025. This leaves an eight-day window during which no court holds jurisdiction over his custody status.
This development fits a pattern of judicial reversals in high-profile security cases, as documented in Supreme Court digests from 2015 to 2025. A similar nullification occurred in the case of Sambo Dasuki, former National Security Adviser, whose 2018 fundamental rights suit challenging his detention was partially overturned by the Court of Appeal in 2019, leading to prolonged trials over arms procurement fraud. Dasuki’s case, initiated under the Administration of Criminal Justice Act, saw multiple adjournments, with the latest in October 2025 pushing hearings to February 2026 — mirroring Kanu’s delays.
According to annual reports from the Attorney-General of the Federation (AGF), sedition and treason filings rose from 45 cases in 2020 to 112 in 2024, a trend projected to increase by 30% in 2025 due to heightened scrutiny of separatist groups. Legal analysts, citing Supreme Court rulings such as FRN v. Nwobodo (2021), view these reversals as a weakening of protections for dissent, noting that 68% of overturned acquittals in political cases since 2015 have resulted in extended detentions exceeding two years.
The Southeast region continues to face escalating insecurity, largely attributed to separatist movements and armed groups. Between January and September 2025, the Armed Conflict Location & Event Data Project (ACLED) recorded 1,247 violent incidents, including clashes between the ESN and security forces. IPOB’s Monday sit-at-home orders have compounded community hardship and governance strain.
In Anambra State, the first half of 2025 saw a 22% increase in violent incidents compared to the same period in 2024. ACLED reported 156 incidents, with 89 fatalities, often resulting from ambushes on police checkpoints. The violence has displaced thousands and made it difficult for law enforcement to maintain order. The Internal Displacement Monitoring Centre (IDMC) reported a spike in displacement linked to the insecurity.
Imo State, another hotspot, recorded 201 incidents during the same period, including 45 kidnappings attributed to unknown gunmen. These events contributed to a 15% displacement rate, affecting over 28,000 residents, according to the Nextier Violent Conflicts Database. Many of these attacks are believed to involve armed factions linked to IPOB’s local enforcement units.
The growing insecurity has also affected Nigeria’s electoral process. In Anambra, the 2025 Continuous Voter Registration exercise was disrupted by 17 violent incidents, leaving approximately 12,000 potential voters unable to register. This underscores the volatile security climate and its impact on electoral integrity.
Simulations based on ACLED data forecast a 25–40% increase in violent events across Anambra and Imo States by the end of 2025 if Kanu’s trial continues to inflame tensions. These conflicts may spill over into the 2027 national elections, with the Independent National Electoral Commission (INEC) projecting election-related security costs could rise to about ₦870 billion.
The crisis has also disrupted education. The Nextier Violent Conflict Database risk mapping indicates widespread school closures in Onitsha and Owerri, where 34 schools have been shut down, affecting roughly 15,000 pupils. The closures have worsened the educational crisis in the region, leaving thousands of children without access to schooling.
Nigeria’s handling of Kanu’s case contrasts sharply with international precedents set by the International Criminal Court (ICC), particularly regarding protections against arbitrary detention and the right to a fair trial. In 2009, the ICC’s arrest warrant for Sudanese President Omar al-Bashir underscored the importance of judicial oversight in detentions involving international law. Under Article 58 of the Rome Statute, states are mandated to refrain from renditions without due process.
The absence of a formal extradition treaty between Kenya and Nigeria regarding Kanu’s rendition has raised concerns about due process and human rights, drawing parallels with the al-Bashir precedent.
In response, the UN Human Rights Council addressed Nigeria’s record during the 2025 Universal Periodic Review (UPR) in Geneva. The review highlighted 156 pending cases of arbitrary detention since 2020, with Kanu’s case among the most notable. Fourteen member states urged Nigeria to reform its sedition laws in line with the International Covenant on Civil and Political Rights (ICCPR).
UN High Commissioner for Human Rights Volker Türk, in his September 2025 update, emphasized the need for judicial reforms and stronger protection of fundamental rights. He warned that failure to address cases like Kanu’s could erode international confidence in Nigeria’s justice system.
On October 13, 2025 — the third anniversary of Kanu’s acquittal — reactions across social media reflected a deepening divide in public opinion. IPOB supporters marked the day by posting messages condemning perceived injustice, declaring that “those who refuse to let justice prevail are responsible for any breakdown of law and order.” These sentiments capture the frustration within IPOB circles, which continue to demand his release.
Critics, however, argue that Kanu’s continued detention is necessary to prevent further violence and unrest, highlighting the polarized discourse surrounding his case.
As the retrial looms, key stakeholders are closely monitoring developments, especially the eight-day gap between trial proceedings. During this period, Kanu’s legal team has filed fresh motions at the ECOWAS Court of Justice, challenging violations of his rendition rights.
These motions underscore the enduring legal complexities and the contentious nature of his case.