The Federal High Court has found Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), guilty on all seven counts of terrorism and related offences brought against him by the Federal Government.
Count 1: Committing Acts of Terrorism
The court held that Kanu committed acts of terrorism against the Federal Republic of Nigeria through broadcasts that threatened widespread death and disruption. Justice noted that “Mr Kanu knew what he was doing; he was bent on carrying out these threats without consideration to his own people.” The judge said the incontrovertible evidence proved Kanu engaged in preparatory acts of terrorism and failed in his duty to explain himself.
Count 2: Issuing Threats to Enforce Sit-at-Home Orders
Kanu was found guilty of threatening individuals who failed to comply with enforced sit-at-home orders in the South-East. The court described the actions as unconstitutional, stating that “the declaration without any constitutional powers is a terrorist act” that violated the rights of other citizens.
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Count 3: Belonging to a Proscribed Organization
Evidence showed that Kanu not only belonged to IPOB, a proscribed group, but also led the organisation. He admitted in multiple broadcasts to being a member and was found to be associated with the Eastern Security Network (ESN), the armed wing of IPOB. Justice Omotosho referenced Section 122 of the Evidence Act and a prior judgment by Justice Binta Nyako declaring IPOB illegal and a terrorist organisation.
Counts 4 and 5: Inciting the Killing of Security Personnel
The court ruled that Kanu incited attacks on police officers and other security personnel, contributing to the deaths of over 128 police officers, 37 military personnel, and 10 other security officers. The court further cited arson attacks on INEC offices and police stations, including destruction linked to the ENDSARS protests, as evidence of his role in provoking unlawful behavior. The judge said Kanu had “turned himself into a tyrant.”
Count 6: International Terrorism
Kanu was also found guilty of directing IPOB members to manufacture bombs and explosives, targeting both domestic and international locations. The court noted broadcasts calling on graduates of chemical engineering and chemistry to produce Molotov cocktails. He was declared an international terrorist due to intentions to attack the American Embassy and assassinate the former British High Commissioner, Catriona Laing.
Count 7: Importation of Undeclared Radio Transmitter
Finally, Kanu was convicted for importing a concealed radio transmitter in a container of used household items, in violation of Section 47 of the Customs and Excise Management Act. The court noted that Radio Biafra, which used the transmitter for broadcasts, was not registered with the National Broadcasting Commission (NBC).