THIS DAWN — The prosecution of Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), remains one of the most consequential and contentious legal matters in Nigeria’s contemporary history.
The charges against him stem from provisions of Nigerian law, particularly the Terrorism Prevention Act (2011, as amended), and have evolved through multiple amendments as the case progressed.
Presiding Judge and Procedural Background
The matter was handled by Justice James K. Omotosho of the Federal High Court, Abuja Division.
Over the years, the Federal Government has revised the charge sheet several times—initially from 15 counts, then reduced to 7 counts—reflecting updates in prosecutorial strategy, evidentiary considerations, and previous judicial rulings.
The operative charge sheet is the amended 7-count charge filed under suit number FHC/ABJ/CR/383/2015, which forms the basis of the trial.
Summary of the Charges
The charges presently before the court include the following allegations:
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Terrorism:
The prosecution alleges that Mr. Kanu made broadcasts on Radio Biafra that incited violence, contributed to attacks on security personnel, and resulted in loss of lives and destruction of property in parts of the South-East. -
Treasonable Felony:
He is accused of engaging in activities aimed at undermining the authority of the Federal Government and promoting the secession of Biafra, contrary to the Nigerian Constitution. -
Managing an Unlawful Society:
Following the Federal Government’s proscription of IPOB as a terrorist organisation in 2017, Kanu is charged with directing its operations in violation of the proscription order. -
Publication of Defamatory Matter:
The government alleges that he made inflammatory and derogatory statements against the Nigerian state and its then-president, Muhammadu Buhari, through various media broadcasts. -
Illegal Possession of Firearms and Explosive Devices:
The prosecution previously claimed Kanu was complicit in the possession or importation of prohibited arms and IEDs.
This count has been a major point of contention, and earlier proceedings saw elements of this allegation struck out due to insufficient evidence directly linking him to the weapons. -
Importation of Illegal Articles:
This relates to the alleged unlawful importation of radio transmission equipment and associated devices used for Radio Biafra broadcasts, which authorities argue were intended to support secessionist activities.
Access to the Official Charge Sheet
The precise language of the amended 7-count charge is a matter of public record and is contained in the Federal Government’s filing titled “AMENDED CHARGE – FHC/ABJ/CR/383/2015.”
These counts represent the most recent and active legal position of the Federal Government of Nigeria.
Exact Text of the Amended Charges
COUNT 1:
- OFFENCE: Commitment of an act in furtherance of an act of terrorism, contrary to Section 1(2)(h) of the Terrorism Prevention Amendment Act, 2013.
- PARTICULARS: That you, Nnamdi Kanu, male, of Afaraukwu Ibeku, Umuahia, Abia State, on or about the year 2014 and 2015 in London, United Kingdom, and also in 2017 in Abia State within the jurisdiction of this Honourable Court, did commit an act in furtherance of an act of terrorism by making a broadcast received and heard in Nigeria within the jurisdiction of this Honourable Court, with the intention to intimidate the population, and you thereby committed an offence contrary to Section 1(2)(h) of the Terrorism Prevention Amendment Act, 2013.
COUNT 2:
- OFFENCE: Inciting violence, contrary to Section 1(2)(a)(b) of the Terrorism Prevention Amendment Act, 2013.
- PARTICULARS: That you, Nnamdi Kanu, male, of Afaraukwu Ibeku, Umuahia, Abia State, on or about March 2015 in London, United Kingdom, did an act of terrorism by broadcasting on Radio Biafra, which you established for that purpose, wherein you referred to the then President of the Federal Republic of Nigeria, Muhammadu Buhari, as a “pedophile, a terrorist, an idiot, and an embodiment of evil”, with the intention that the said broadcast will intimidate the population, and you thereby committed an offence contrary to Section 1(2)(a)(b) of the Terrorism Prevention Amendment Act, 2013.
COUNT 3:
- OFFENCE: Unlawful importation of radio transmission equipment, contrary to Section 47(2)(a) of the Criminal Code Act, Cap. C45, Laws of the Federation of Nigeria, 2004.
- PARTICULARS: That you, Nnamdi Kanu, male, of Afaraukwu Ibeku, Ubuahia, Abia State, on or about March 2021, unlawfully imported into Nigeria a radio transmitter known as Tram 50L and concealed same in a container that was declared as used household items, and you thereby committed an offence contrary to Section 47(2)(a) of the Criminal Code Act, Cap. C45, Laws of the Federation of Nigeria, 2004.
COUNT 4:
- OFFENCE: Managing an unlawful society, contrary to Section 63 of the Criminal Code Act, Cap. C45, Laws of the Federation of Nigeria, 2004.
- PARTICULARS: That you, Nnamdi Kanu, male, of Afaraukwu Ibeku, Umuahia, Abia State, between 2012 and September 2017 in London, United Kingdom, and South East of Nigeria within the jurisdiction of this Honourable Court, did manage an unlawful society, to wit: the Indigenous People of Biafra (IPOB), and you thereby committed an offence contrary to Section 63 of the Criminal Code Act, Cap. C45, Laws of the Federation of Nigeria, 2004.
COUNT 5:
- OFFENCE: Possession of an unlawful imported radio transmitter, contrary to Section 516 of the Criminal Code Act, Cap. C45, Laws of the Federation of Nigeria, 2004.
- PARTICULARS: That you, Nnamdi Kanu, male, of Afaraukwu Ibeku, Umuahia, Abia State, on or about March 2021, had in your possession a radio transmitter known as Tram 50L, which you unlawfully imported into Nigeria, and you thereby committed an offence contrary to Section 516 of the Criminal Code Act, Cap. C45, Laws of the Federation of Nigeria, 2004.
COUNT 6:
- OFFENCE: Making a broadcast capable of destabilizing the public, contrary to Section 1(2)(h) of the Terrorism Prevention Amendment Act, 2013.
- PARTICULARS: That you, Nnamdi Kanu, male, of Afaraukwu Ibeku, Umuahia, Abia State, on diverse dates in 2021 in London, United Kingdom, did make a broadcast received and heard in Nigeria, with the intention to intimidate the public, and you thereby committed an offence contrary to Section 1(2)(h) of the Terrorism Prevention Amendment Act, 2013.
COUNT 7:
- OFFENCE: Making a broadcast encouraging persons to attack Nigerian security personnel and their properties, contrary to Section 1(2)(b) of the Terrorism Prevention Amendment Act, 2013.
- PARTICULARS: That you, Nnamdi Kanu, male, of Afaraukwu Ibeku, Umuahia, Abia State, on diverse dates in 2021 in London, United Kingdom, did make a broadcast received and heard in Nigeria, inviting members of the public to attack officers of the Nigerian Police Force and destruction of public facilities, and you thereby committed an offence contrary to Section 1(2)(b) of the Terrorism Prevention Amendment Act, 2013.
Summary
The trial of Nnamdi Kanu is grounded in a revised set of terrorism-related charges brought under the Terrorism Prevention Act and elements of the Criminal Code Act.
Although the earlier charge of “treasonable felony” is no longer explicitly listed, its essence is reflected in several terrorism counts alleging that Kanu’s actions were aimed at intimidating the population, inciting violence, and challenging the authority of the Nigerian state.
Some previous allegations—such as the illegal possession of firearms—were struck out by Justice Binta Nyako for lack of evidence linking Kanu to the weapons.
Kanu, known for founding IPOB and operating Radio Biafra, has used broadcasts to mobilize support for Biafran independence.
The Nigerian government claims these broadcasts triggered attacks on security personnel and public institutions.
Initially arrested in 2015 and granted bail in 2017, Kanu fled Nigeria after a military operation in Abia State.
His re-arrest in 2021, via extraordinary rendition from Kenya, has been condemned internationally and ruled illegal by multiple judicial and human rights bodies.
The trial is plagued by controversies.
Foreign interventions
Many foreign governments and human rights organizations reject the Nigerian government’s designation of IPOB as a terrorist organization.
They argue that most of its activities constitute peaceful political advocacy.
The circumstances of Kanu’s rendition have drawn criticism from the United Nations Working Group on Arbitrary Detention, which called for his release.
The Court of Appeal ordered his unconditional release in October 2022, ruling that the illegal rendition deprived the trial court of jurisdiction.
However, the Supreme Court overturned this in December 2023: while acknowledging the illegality of his arrest, it ruled that the trial could continue.
As of 2024, Kanu remains in DSS custody.
His trial has resumed but is characterized by frequent adjournments and legal disputes.
This reflects a case that extends far beyond criminal charges into broader issues of self-determination, human rights, and the limits of state power.
