Detained Indigenous People of Biafra (IPOB) leader Nnamdi Kanu has written separately to the Chief Justice of Nigeria (CJN) and the President of the Court of Appeal, asking for the immediate listing and hearing of two pending cases concerning his continued detention and conviction.
The Okwu-Kanu Family disclosed this in a statement issued on Tuesday and signed on its behalf by Prince Emmanuel Kanu.
According to the family, Kanu’s letters are intended to ensure that the two pending matters are assigned to the appropriate judicial panels and heard without further delay.
The family alleged that the Federal Government has shown little willingness to join issues in either proceeding while Kanu remains in detention, where he is serving a life sentence.
It urged the judiciary to demonstrate the same urgency in dealing with matters concerning Kanu’s freedom as it allegedly did when the Federal Government sought to prevent his release.
Family Recalls 2022 Court of Appeal Judgment
The Okwu-Kanu Family recalled that on October 13, 2022, the Court of Appeal delivered what it described as a final judgment discharging Kanu and quashing the criminal charges against him.
The family described the decision as an “acquittal-equivalent discharge” and alleged that the Federal Government nevertheless refused to release him.
“It was an acquittal-equivalent discharge. The federal government refused to release him,” the family said.
According to the family, just 15 days later, on October 28, 2022, the Federal Government filed, listed and argued for a civil stay of execution before a differently constituted panel of the same Court of Appeal.
The family questioned the use of the civil procedure after the criminal appeal had already been finally determined, arguing that the court had become functus officio in relation to the concluded criminal proceeding.
It said the stay order prevented Kanu from enjoying the liberty granted through the Court of Appeal’s earlier judgment.
“The criminal appeal had already been finally determined. The Court was functus officio,” the family said.
The family expressed concern that the judicial process moved from what it described as an acquittal-equivalent discharge to a civil stay of execution within just 14 days, resulting in Kanu remaining in detention.|
Kanu Wants Cases Heard, Not Decided in His Favour
The family said Kanu is not asking either the CJN or the President of the Court of Appeal to rule in his favour.
Instead, he wants the pending matters assigned to the appropriate panels and heard so that the legal issues surrounding his detention and conviction can be determined.
Kanu reportedly argued that the Federal Government should appear before the courts and defend the legal basis for the decisions on which his continued detention rests.
“If the federal government believes the Supreme Court remittal was lawful, let it appear and defend it,” he said.
He added that if the government believes his conviction and life sentence are lawful, it should file the necessary papers and defend them, arguing that continued silence and delay should not replace judicial determination.
Family Demands Action From Supreme Court, Court of Appeal
The Okwu-Kanu Family is asking the Supreme Court to list and hear the pending proceeding challenging the December 15, 2023 Supreme Court remittal judgment.
It is also calling on the Court of Appeal to list and hear Kanu’s appeal against his conviction and life sentence without further delay.
The family further urged the Federal Government to appear before the courts and defend the judicial decisions being relied upon to justify Kanu’s continued detention.
It alleged that the manner in which the civil stay of execution was used to prevent Kanu’s release was unprecedented.
“To our knowledge, never before in Nigeria has a civil procedural rule been deployed in this manner to deny liberty to a person following an acquittal-equivalent discharge,” the family said.
It described Kanu as appearing to be the first and only person subjected to such a process.
According to the family, Kanu commenced proceedings before the Supreme Court on November 7, 2025, challenging the legality of the Supreme Court’s December 15, 2023 remittal judgment.
The family maintained that both pending cases should now be listed and heard, arguing that continued delays should not replace judicial determination of the issues surrounding Kanu’s detention, conviction and life sentence.
Source: Okwu-Kanu Family statement
