Court postpones convicted Nnamdi Kanu’s sentencing by over one hour, prosecution calls for death penalty

The Federal High Court in Abuja has postponed the sentencing of the convicted Biafra agitator Nnamdi Kanu for over an hour.

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Trial judge James Omotosho rose at 2.42 p.m. on Thursday after convicting Mr Kanu of all seven counts.

The judge, who receded to chambers, promised to return at 3.50 p.m. for sentencing.

Before rising, the judge listened to the prosecution lawyer, Adegboyega Awomolo, a Senior Advocate of Nigeria, and a member of the House of Representatives, Obi Aguocha, who represents Mr Kanu’s constituency – the Umuahia North/Umuahia South/Ikwuano Federal Constituency.

While Mr Aguocha urged the judge to be lenient in his sentencing, Mr Awomolo called for the death penalty for five of the seven counts.

“The matter has come to a closure. For now, I’m not his lawyer. I wouldn’t know whether there was a safety appeal, but for now, the Lord he’s my brother.

“He’s my friend. I went to school with him. We attended primary and secondary school together, though he was my junior, but it is my responsibility and obligation as a member of the National Assembly to represent him as well as the Lord,” he said.

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But the prosecutor said the judge had no discretion exercise but was rather duty-bound to impose the death sentence on Mr Kanu for terrorism-related counts 1, 2, 4, 5 and 6.

“Nothing further remains but the lawful imposition of sentences. The punishment prescribed for the offences in counts 1, 2, 4, 5 and 6 is the death penalty.

“Pursuant to Section 12(h) of the Terrorism Prevention Amendment Act 2019. My Lord, with all sense, I say, Sir, as the prosecutor, this court has no discretion in that regard.

“The only sentence that my Lordship will impose for counts 1, 2, 4, 5, and 6 is the death sentence. This court has the power to do so and, with respect, must do so.”

The prosecutor also asked the court to deny the convict of electronic devices and be kept in the safest custodial centre.

The trial judge, James Omotosho, earlier convicted Mr Kanu of the terrorism act, inciting violence against security personnel and their families, the Lagos State government and those who flouted the sit-at-home order.

Mr Kanu was also convicted of illegally importing into Nigeria and kept in Ubulisluzor in Ihiala Local Government Area of Anambra State, a radio transmitter known as Tram 50L concealed in a container of used household items.

Mr Kanu’s conviction on Thursday draws parallel with the conviction of another controversial Biafra agitator, Simon Ekpa, by a Finnish court on 1 September.

In its judgement, the Päijät-Häme District Court in Finland, sentenced Mr Ekpa, to six years in prison after finding him guilty of terrorism-related charges.

The Nigerian government has been prosecuting Mr Kanu on seven charges, mostly terrorism-related, since 2015.

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Six of the seven charges against Mr Kanu were filed under the Terrorism Prevention Act 2013, amended in 2022.

Mr Kanu claimed the seventh count, which has to do with the alleged illegal importation of a radio transmitter into Nigeria, was ordered by the Supreme Court to be removed.

The charges stemmed from his alleged violent secessionist campaigns for the independence of the Igbo-dominated South-eastern part of Nigeria as Biafra.

The dual Nigerian and British citizen repeatedly denied wrongdoing, but failed to offer defence when asked to by the court.