Kanu is asking the appellate court to quash his conviction and sentence, arguing that the trial was riddled with fundamental legal and jurisdictional errors that resulted in a grave miscarriage of justice.
Recall that Kanu was convicted on seven counts of terrorism preferred against him by the Federal Government and sentenced on November 20, 2025, by Justice James Omotosho of the Federal High Court, Abuja.
In the notice of appeal personally signed by Kanu, he faulted the conduct of the trial and the decision of the court, insisting that critical preliminary issues were ignored before judgment was delivered.
In his first ground of appeal, Kanu argued that the trial court failed to determine the legal consequences of the disruption of his earlier trial following the September 2017 military operation, Operation Python Dance II.
He told the Court of Appeal that his residence at Afara-Ukwu, Abia State, was invaded by security operatives during the operation, leading to deaths, destruction of property, and the eventual collapse of the original trial process.
According to him, the trial court ought to have first resolved the legal implications of that disruption before proceeding to hear evidence and deliver judgment.
“The judgment of conviction was delivered on 20 November 2025 notwithstanding the unresolved foundational competence issues,” Kanu stated.
Kanu further contended that Justice Omotosho erred in law by proceeding with the trial without hearing and determining his pending preliminary objection, which challenged the jurisdiction and competence of the court to hear the case.
He maintained that the objection remained unresolved throughout the trial, yet the court went ahead to take evidence and deliver judgment.
“The Learned Trial Judge did not hear or determine the objection. The court proceeded with evidence and delivered judgment while the objection remained pending and undetermined,” he argued.
In another ground of appeal, the IPOB leader faulted the trial court for convicting him while his bail application was still pending, describing the development as a violation of his right to a fair trial.
He also challenged the sentencing procedure, arguing that the court imposed a life sentence without affording him the opportunity of allocutus, the right of a convicted person to address the court in mitigation before sentencing.
“Upon conviction, the Appellant was not afforded the opportunity to address the court in mitigation. Sentence was imposed without allocutus, and relevant mitigating factors were not considered,” he said.
Kanu described the life imprisonment sentence as excessive, unlawful, and unsupported by law, urging the Court of Appeal to intervene.
He is seeking an order quashing his conviction on all seven counts; an order setting aside the sentences imposed by the Federal High Court; and an order discharging and acquitting him of all the charges in suit number FHC/ABJ/CR/383/2015.
Kanu also informed the appellate court of his intention to be physically present during the hearing of the appeal, stating that he may choose to conduct the appeal personally and address the court orally.
