…To be held in protective custody
Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), has been sentenced to life imprisonment after being convicted on all seven counts of terrorism-related charges.
The Federal High Court in Abuja, presided over by Justice James Omotosho, handed down the sentence on Thursday, marking the conclusion of a legal saga that began over a decade ago.
Kanu, who was first arrested in Lagos in 2015, had previously been arraigned in Abuja and faced multiple trials before four different judges over the years. The case was further complicated when Kanu fled the country in 2017, following a military raid on his family home in Abia State. He was rearrested in Kenya in 2021 and returned to Nigeria to continue the trial.
Justice Omotosho found Kanu guilty on all seven counts, which included acts of terrorism against the Nigerian state and intimidation of the public through broadcasts and enforcement of sit-at-home orders in the southeast.
The judge described Kanu as ‘an international terrorist’ and stated that his claim of being a freedom fighter did not justify acts of violence and bloodshed.
He ruled that Kanu “cannot be allowed to remain in the company of sane minds” and had pursued his political agitation through “brutal force and terrorism.”
Kanu received life imprisonment for counts 1, 4, 5, and 6; 20 years for count 3; and five years for count 7. The sentences will run concurrently.
Justice Omotosho noted that while Kanu’s crimes merited the death penalty, he opted for life imprisonment as an act of mercy, citing both Christian teachings and growing international opposition to capital punishment.
Due to Kanu’s violent tendencies and behavior during the trial, the judge ordered that he be placed in protective custody and restricted from accessing electronic devices.
Any use of such devices will be monitored by the Office of the National Security Adviser (ONSA). Items recovered from Kanu, including a smuggled radio transmitter, were forfeited to the
Throughout the trial, Kanu frequently disrupted proceedings, prompting the court to deliver judgment in his absence.
He insisted on filing a final written address and challenged the jurisdiction of the court over count seven, claiming it was based on a repealed law.
Despite these objections, the court proceeded, citing legal provisions that prevent undue delays in criminal trials.
Adegboyega Awomolo, SAN, who led the prosecution, presented witnesses and video evidence showing that Kanu incited violence and caused deaths of security personnel and destruction of property through his broadcasts.
These included threats against civilians and security forces, as well as calls for sit-at-home orders in southeastern Nigeria.
Awomolo had called for the death penalty, citing the killing of more than 75 security personnel and widespread property damage, but the court chose life imprisonment to balance justice with mercy.
The trial, which spanned over 10 years and involved multiple appeals up to the Supreme Court, has finally concluded.
He said Kanu offered no credible defence and ‘deliberately refused’ to challenge the evidence presented in court.
The judge said the IPOB leader was “a person who cannot be allowed to remain in the company of sane minds”, while describing him as an “international terrorist.”
He said Kanu’s claim of being a freedom fighter could not excuse actions taken outside the bounds of the law.
Omotosho noted that Kanu pursued his agitation through ‘brutal force and terrorism,’ which caused the ‘bloodshed of innocent citizens.’
The federal government, through Awomolo, had earlier asked for the death penalty.
“The punishment prescribed for the offences in counts one, two, four, five and six, pursuant to Section 12H of the Terrorism Prevention Amendment Act 2013, is death,” he said.
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“With all sense of humility, I say as a prosecutor that this court has no discretion in that regard.
“The only sentence Your Lordship can impose for counts one, two, four, five and six is death, because the law empowers you to do so, and we expect that you will.”
However, the judge said that while the IPOB founder’s crimes merited the death penalty, he opted for a life sentence to show mercy.
“He has been convicted, and this court is only being merciful to him because we have to be merciful as enjoined by our Lord Christ Jesus Christ. The court is minded to sentence the convict to death due to the atrocity he committed. The convict has not shown any remorse whatsoever for his actions.” Omotosho said.
“He remained arrogant, cocky, and full of himself without realising the magnitude of his crime and the effect of what he has done against his people in the South-East. I have listened to the allocates made by a member or part of a representative representing the constituency of the convict. Although I am not really persuaded, I must show mercy.
“The court is moved by chapter 23, verse 23 in the book of Matthew. It is on that note that the court will follow the above admonition of Jesus Christ and show mercy to the convict.
“In addition, the death penalty globally is now being condemned by the international community. Consequently, and in the interest of justice, I hereby sentence the convicts to life imprisonment for Counts 1, 4, 5, and 6, instead of a death sentence.
“With respect to Count 3, he is hereby sentenced to 20 years’ imprisonment without the option of a fine. For Count 7, he is sentenced to 5 years imprisonment with no option of a fine.
“To extend the mercy, I hereby order that the sentence shall run concurrently.”
The judge said that by virtue of his behaviour in court, Kanu is not suitable for Kuje prison.
He said that, having exhibited a violent attitude throughout the trial, he must be placed in protective custody in any part of Nigeria.
“I have no hesitation in coming to the conclusion that the convict has the tendency of violence. The tendency of violence has not left him,” Omotosho said.
“It is based on this that he must be kept in a facility that is suitable for his person, as putting him in Kuje Correctional Centre may not be appropriate.”
Omotosho said Kanu must not be allowed to use any electronic devices, including phones, and must be under the supervision of the Office of the National Security Adviser (ONSA) if he must use any device.
The judge added that the items retrieved from him, such as the transmitter smuggled into the country, are to be forfeited to the federal government.
