The trial of Nnamdi Kanu is set to begin anew after years of legal disputes, judicial errors, and governmental mishandling. As you may recall, Kanu was arrested on October 14, 2015, in Lagos. The primary reason for his arrest by the Department of State Services (DSS) was rooted in a post-war syndrome referred to as “Biafra phobia.” This term reflects the Nigerian authorities’ deep-seated aversion to reviving the quest for Biafran independence. Nnamdi Kanu, who had parted ways with his mentor Ralph Uwazulike of the Movement for the Actualization of the Sovereign State of Biafra (MOSSOB), had gained some traction on social media by advocating for a new Biafra. This was the only thing he did wrong.
However, the DSS knew they could not detain him indefinitely without charging him with serious offenses, even if unfounded. In the Nigerian criminal justice system, the two most severe charges are treason and terrorism. The recently passed Terrorism Act empowered the DSS to obtain an ex parte order to detain individuals for up to 90 days, with the possibility of extending this period. It was this authority that prompted them to falsely accuse Kanu of terrorism and treason in 2016.
After filing these charges at the Federal High Court, Abuja, Kanu was remanded in Kuje prison awaiting trial. Approximately one year later, in February 2017, Kanu’s lawyers successfully had the terrorism charge dismissed due to a lack of evidence. In April 2017, the court granted Kanu bail under strict conditions, including a prohibition on leaving Nigeria.
On September 14, 2017, Nigerian soldiers raided Kanu’s home in a violent and unlawful operation. Accounts of the event differ; one suggests Kanu narrowly escaped capture or assassination, while another posits that he was absent during the raid and fled Nigeria via Sao Tome.
For a year, from September 2017 to September 2018, Kanu remained in hiding, with little public activity. Nearly a year after his escape, he reappeared on social media, photographed during a pilgrimage in Israel. Following this, he gradually resumed his Biafra campaign online.
At the time of his initial arrest in 2015, Kanu was relatively unknown and not taken seriously by the public. However, the harsh treatment he received and the government’s crackdown on members of the Indigenous People of Biafra (IPOB), an organization he founded, sparked widespread sympathy and support for him. Initially, the Nigerian government could have justifiably charged him with two lesser offenses: obtaining by false pretense, based on a video where he solicited funds to buy bullets but never did, and entering Nigeria without submitting travel documents for inspection. However, these charges were insufficient for the treatment the DSS had planned, leading them to falsely accuse him of treason and terrorism. This heavy-handed approach inadvertently boosted Kanu’s popularity, leading millions to join IPOB and transforming him into a Biafran hero. It is undeniable that the DSS’s actions inadvertently elevated Kanu to the leadership of the Biafran movement and further motivated his fight for Biafra.
From September 2018 to June 2021, Kanu intensified his advocacy for Biafran revival, becoming more aggressive and provocative. He called for a violent separation from Nigeria if a referendum was not permitted, resonating with millions of Igbo youths. His voice became synonymous with the dream and aspiration for Biafra. Despite his appeal, or perhaps because of it, he became a threat to the Igbo elites, particularly those holding political offices. While he garnered support from ordinary Igbos, the elites, comprised of educated professionals and political officeholders, found his rhetoric unsettling.
Several factors made the Igbo elites uncomfortable with Kanu’s message. First, achieving his vision of Biafra would likely require a civil war. Second, the territory of his proposed Biafra would be smaller than what Chukwuemeka Ojukwu envisioned in 1967, as the South-South region would not be included. Third, the resulting Biafra would be landlocked and surrounded by potentially hostile neighbors. Fourth, Kanu lacked a clear constitutional proposal for his envisioned Biafra, leaving questions about its governance—whether it would be a democracy, monarchy, or military dictatorship led by Kanu himself—and the rights of minority groups and women within Igboland. Kanu’s own behavior, allowing himself to be addressed as a military commander, prophet, or emperor, added to the ambiguity. Additionally, the Igbo community is highly mobile, with significant populations in various parts of Nigeria, dominating markets and businesses. Kanu’s aggressive push for Biafra, even at the risk of war, threatened the interests of Igbos living outside the proposed Biafran territory.
The Igbo elites did not support Kanu’s territorial vision of Biafra. However, given his massive following among ordinary and less-educated Igbos, many elites were hesitant to openly oppose him.
The Nigerian government was alarmed by Kanu’s messages and propaganda. While there was no basis to arrest him in 2015, by 2020, his statements could be considered incitement to violence under any legal system. As he was outside Nigeria, the government sought British assistance to apprehend him, given his frequent stays in the UK. Although Britain had both the opportunity and justification to arrest Kanu, they were cautious due to their historical involvement in the Nigerian Civil War, where they supported Nigeria against Biafra. The British authorities did not immediately act against Kanu but invited him and his deputy, Mefor, for an interview. Aware of the increasing scrutiny, Kanu left the UK for Kenya. Unbeknownst to him, this move facilitated his capture. It is believed that British intelligence alerted the Nigerian government to Kanu’s presence in Kenya in June 2021 and assisted the Nigerian and Kenyan authorities in orchestrating his arrest in Nairobi.
Could Kanu have ceased his campaign for Biafra? This seems unlikely, as IPOB and the Biafran campaign had become significant sources of money and influence for him. It would have been impossible for him to voluntarily abandon the movement, turning it into a veritable industry.
On June 24, 2021, Kanu drove unaccompanied to Jomo Kenyatta International Airport in Nairobi to meet an unidentified guest. As he entered the parking lot and exited his vehicle, he was surrounded by armed men who were neither police nor military. It is believed that Nigerian agents, collaborating with Kenyan counterparts, enlisted members of the Al-Shabaab militants to carry out the abduction. Kanu was kidnapped and remained missing for six days before reappearing in a Nigerian court in June 2021.
Since then, significant developments have occurred, yet his case has made little progress. Kanu has remained detained at the DSS facility since June 2021. Multiple courts have issued conflicting judgments regarding his case. Two courts in his home state of Abia ruled in his favor, affirming that his rights were violated. The Court of Appeal ordered his release and the dismissal of charges against him, citing his extraordinary rendition from Kenya. The Supreme Court acknowledged the massive rights violations but did not go as far as the Court of Appeal in its ruling, stating that these violations did not justify dismissing the criminal charges. Consequently, Kanu was ordered to stand trial.
In a subsequent trial, Kanu took over his own defense and requested that the presiding judge, Justice Binta Nyako, recuse herself. She agreed, but when the case was reassigned by the Chief Judge, an attempt was made to return it to Justice Nyako, which met with fierce opposition from Kanu and his lawyers, who demanded a different judge.
Finally, the case was reassigned to Justice James Omotosho of the Federal High Court in Abuja. This transfer has profound implications: the case must start anew, with Kanu being arraigned again, his plea retaken, and his lawyers able to reapply for bail, potentially with better prospects this time.
One factor working in Kanu’s favor is his new legal representation. He has replaced Mr. Ifeanyi Ejiofor, whose inexperience and errors contributed to the lack of progress, with Mr. Aloy Ejimakor, a more seasoned and capable lawyer who has been involved in the case for a long time and secured favorable judgments in civil cases. Ejimakor is undoubtedly the best lawyer for Kanu at this juncture.
In the past, there have been attempts to resolve the case politically, and this may still be the most viable path forward. The Nigerian government has demonstrated incompetence in prosecuting the case to its conclusion, and past blunders suggest that Kanu may not receive a fair trial. Therefore, a political solution appears to be the most realistic way to resolve this case.
Kanu’s first hearing under the new judge is scheduled for Monday, March 31, 2025. It is expected that his lawyers will be prepared with a bail application, ready to argue it immediately after his plea is taken.
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