The Indigenous People of Biafra has strongly condemned the ruling of Justice James Omotosho of the Federal High Court, Abuja, who on Friday declared that its leader, Mazi Nnamdi Kanu, would “need to explain certain things” in his ongoing trial.
A human rights lawyer and public advocate, Christopher Chidera, also faulted the ruling, saying the decision departed sharply from established legal principles and underscored a troubling trend of prioritising executive interests over justice in Nigeria’s courts.
Nnamdi Kanu was first arrested in Nigeria on October 14, 2015, over charges bordering on treasonable felony and terrorism.
He was granted bail on health grounds in April 2017 but fled to the UK after a military raid on his home in Abia State.
Kanu was re-arrested on June 19, 2021, in Kenya, allegedly by Nigerian security agents in collaboration with local forces and forcibly repatriated to Nigeria on June 27, 2021, where he was charged with 15 counts of terrorism, later reduced to seven.
His formal arraignment on these charges occurred in July 2021 before Justice Binta Nyako at the Federal High Court in Abuja, marking the substantive start of his ongoing trial.
Kanu’s case has since navigated a complex path of legal challenges and appeals.
Reacting in a press statement on Saturday, IPOB’s spokesman, Emma Powerful, said the judiciary must stop what he described as the “charade” of shifting the burden onto the pro-Biafran leader, whose only “crime” is demanding self-determination for his people.
The statement read in part, “IPOB strongly condemns the ruling of Justice Omotosho of the Federal High Court, Abuja, who declared that the defendant will need to explain certain things in his ongoing trial.
“We ask Justice Omotosho directly to explain certain things, like does he not know that Section 36(11) of the Nigerian Constitution forbids compelling any defendant to testify against himself?
“Does the judge not understand that the burden of proof rests solely on the prosecution, not on the accused?
“Is Justice Omotosho suggesting that Mazi Nnamdi Kanu should fill the gaps in a case built on contradictory witnesses, absence of investigation reports, and reliance on a repealed law?”
“This remark exposes the reality of Abuja courts: their first duty is not to justice but to the government. By demanding that our leader ‘explain,’ Justice Omotosho is not applying the law; he is aiding persecution.
“We remind the world that IPOB and Mazi Nnamdi Kanu stand on the side of truth and international law. The Nigerian judiciary must stop this charade of shifting the burden onto an innocent man whose only ‘crime’ is demanding self-determination for his people.”
Also reacting, Chidera said the court’s decision was a grave violation of constitutional safeguards and set a dangerous precedent for fair trial rights.
He said, “We express profound concern over Justice Omotosho’s ruling at the Federal High Court, Abuja, declaring that Mazi Nnamdi Kanu ‘has to explain certain things in his broadcasts.’
“This decision departs sharply from established legal principles and underscores a troubling trend of prioritising executive interests over justice in Nigeria’s courts.”
Chidera further called on the Court of Appeal to swiftly review and rectify what he described as egregious legal errors. He also urged the Nigerian Bar Association and the National Judicial Council to investigate recurring lapses in judicial adherence to law and due process in the case.
He appealed to the international community and human rights organisations to monitor Nigeria’s ongoing violations of fair trial standards under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights.
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