The Indigenous People of Biafra (IPOB) has distanced itself from claims that it is responsible for the continued incarceration of its leader, Mazi Nnamdi Kanu, insisting that the Nigerian government should be held accountable for failing to comply with court judgments and constitutional provisions.
The clarification followed remarks credited to Mr. Onoh, who suggested that IPOB was hindering efforts to secure Kanu’s release.
In a statement signed by the group’s spokesperson, Comrade Emma Powerful, IPOB said such views misrepresent the situation, stressing that its leader had already been discharged and acquitted by a competent court of law.
“Mazi Nnamdi Kanu has already been discharged and acquitted by a competent court of record on the very charges that Justice James Omotosho is being asked to revisit on 26th October 2025. In any constitutional democracy, the principle of double jeopardy forbids trying a citizen twice for the same offence. Instead of appeals to IPOB, well-meaning citizens should be demanding that the government obey its own laws,” the statement read.
The group further noted that the Terrorism Prevention Amendment Act 2013, under which Kanu was initially charged, had been repealed by the Terrorism Prevention and Prohibition Act (TPPA) 2022, questioning the legality of continuing a trial under a repealed law.
“How can a criminal trial be conducted under a law that has been repealed? Proceeding under a dead statute is unconstitutional and undermines the integrity of the judiciary,” IPOB argued.
Citing Section 36 of the 1999 Constitution, which guarantees fair hearing, the group said no law permits criminal liability to flow from civil ex parte orders. It also maintained that Nigeria failed to obtain the requisite approval from Kenyan courts before prosecuting Kanu on cross-border terrorism allegations, thereby stripping the court in Abuja of jurisdiction.
“The governing statute, TPPA 2022, is explicit: for cross-border terrorism prosecutions, the approval of the court in the country of alleged rendition—Kenya in this case—must be obtained. Nigeria never sought or obtained such leave,” the statement added.
IPOB stressed that its position was not to obstruct dialogue or misdirect public opinion, but to ensure that constitutional and statutory provisions are respected.
“The problem is not IPOB. The issue is the refusal to abide by the Constitution and statutory laws. Instead of misplacing blame, voices should be directed at ensuring compliance with the rule of law,” the group maintained.
The statement concluded by reaffirming IPOB’s commitment to continue defending its leader “with facts, law, and truth until justice is done.”
Mazi Nnamdi Kanu has been in detention since June 2021 following his arrest and rendition from Kenya. His case has sparked both domestic and international concerns over due process, human rights, and the independence of the judiciary in Nigeria.
