Supreme Court Judgement On Kanu Not Unanimous- IPOB, Lawyer Yet To Get CTC

The Indigenous People of Biafra, IPOB, on Thursday said the December 15th judgment of the Supreme Court regarding its leader, Nnamdi Kanu, was not a unanimous decision of the judges.


Emma Powerful, the spokesman of IPOB, said the delay in releasing the Certified True Copy, CTC, of the judgment revealed the discovery.

The apex court dismissed the Appeal Court’s judgment that dismissed and acquitted Kanu of terrorism charges.


In its ruling, the Supreme Court had ordered Kanu’s case transferred back to the Federal High Court for continuation of trial.

However, a statement by Powerful reads: “The global family and movement of the Indigenous People of Biafra (IPOB) ably led by the great and indefatigable leader Nnamdi Kanu would like to take the unusual step of publicly commending the three brave justices of the Supreme Court of Nigeria that sat on the panel that considered the case of our leader Mazi Nnamdi Kanu for their refusal to sign the written judgment.

“The judgement read on 15 December 2023 was not a unanimous decision as the world was led to believe. It has subsequently emerged, following the unlawful delay in the release of the CTC, that three justices are in disagreement with the tone and wording of the verdict so declared and have declined to append their signatures to the written judgment.


“In effect, the judgement as read on the 15th of December 2023 is a minority judgement and therefore illegal. A Supreme Court panel comprising five justices can not allow the issues under contention to be determined by only two justices.

“The courageous decision of these dissenting justices will go a long way in repairing the colossal damage done to the image of the Judiciary when it held that present and future Nigerian Governments can continue to violate the sanctity of the territorial integrity of an independent sovereign nation, kidnap, torture and extraordinarily rendition political activists, contrary to local Nigeria laws, international treaties, conventions and covenants which Nigeria is signatory to.

“According to a knowledgeable and highly dependable source within the Federal Ministry of Justice, the three resenting justices, despite enormous pressures from Aso Rock and leadership of the Supreme Court, said they would not wish or want their names associated with a flawed judgement that purports to announce to the whole world that Nigeria’s Supreme Court is a supporter of executive lawlessness, impunity and international banditry.


“Their concern for the sanctity of the rule of law and rules based international order precludes them from exposing themselves, and the Supreme Court of Nigeria to international ridicule and possible sanctions, because no court of law anywhere in the world has allowed its government to put on trial a kidnap victim extraordinarily renditioned from a foreign country since 1973, over half a century ago. For a Supreme Court to ask her government not to obey international law and treaties is a dangerous precedent which does not bode well for the advancement of natural justice and quality adjudication in Nigeria.

“One of the justices went as far as to say that he does not wish to be tagged a terrorist because there is a law in Nigeria that criminalises disobedience to validly signed treaties. Section 2, subsections (3)(f) of the Terrorism (Prevention and Prohibition) Act, 2022 is quite clear that disobedience or refusal to obey any international treaty or resolution to which Nigeria is a party, is an act of terrorism.

“This law was written in simple readable and understandable English. Any justice or judge that seeks to encourage the Nigerian government to ignore her own laws and treaties, as the judgement read on the 15th of December 2023 purports to imply, is a terrorist. That is the position of a key provision of the law. This is the simple reason why we have the unlawful delay in the release of the CTC by powers that be at the Supreme Court.”

Aloy Ejimakor, the Special Counsel to Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, has accused the Supreme Court of violating the constitution by failing to release the Certified True Copy, CTC, of the ruling involving the agitator.


In December, the Supreme Court had ordered Kanu’s case remitted to the Federal High Court for consideration of trial.

Quoting Section 36 (7), Ejimakor said the Supreme Court should have released the CTC within seven days.


In a statement he signed on Wednesday, Ejimakor said: “Today makes it Thirty-Three (33) days after Supreme Court delivered the final judgment in the case of Federal Republic of Nigeria versus Mazi Nnamdi Kanu.

“Following the delivery of said judgment on 15th December 2023, applications were filed for the release of Certified True Copies (CTC) of the Judgment and the enrolled Order. But to this day, the Supreme Court is yet to comply.

“This failure to release the said CTC is a flagrant violation of the Constitution that entitles Nnamdi Kanu to be issued copies of the judgement within seven days of the delivery of the judgment on 15th December 2023. It is a fundamental right and thus enforceable.


“Section 36 (7) of the Constitution provides that: “When any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings and the accused person or any persons authorised by him in that behalf shall be entitled to obtain copies of the judgement in the case within seven days of the conclusion of the case.

“It will be recalled that the Supreme Court had, in the said judgment, ordered that the case be remitted to the Federal High Court for consideration of a trial.

“To be sure, the Federal High Court cannot proceed with consideration of any trial without the certified judgment and enrolled order. Similarly, Kanu’s lawyers cannot proceed with his defense without the CTC of the said judgment and the order.”