Justice Omotosho Brought His Personal Opinions Into A Criminal Case

Abuja, Nigeria – December 3, 2025,

The Indigenous People of Biafra (IPOB) has issued a strongly worded public statement pointing out gross judicial misconduct in the trial of its detained leader, Mazi Nnamdi Kanu, before Justice Omotosho of the Federal High Court, Abuja.

The group described the court’s handling of the matter as “dangerous judicial manipulation,” warning that the outcome further erodes public confidence in Nigeria’s justice system.

In the statement signed by IPOB spokesperson Emma Powerful, the group states that Justice Omotosho “abandoned the actual charges” against Kanu and instead delivered a political sermon about the indivisibility of Nigeria and the constitutionality of a Biafra referendum, matters which, they said, were never part of the charges brought before the court.

According to IPOB, Kanu has never been charged with separatism or any offence relating to breaking up Nigeria. Instead, the charges revolve around alleged broadcasts and his role as IPOB leader.

The movement insists that the judge’s political commentary demonstrates “improper, unprofessional, and unlawful conduct,” accusing him of substituting personal views for judicial reasoning.

The statement also criticised the judge for denying Kanu his constitutional right to a final written address, a key component of a fair hearing in Nigeria’s criminal justice system.

IPOB argues that the final address provides the defendant a last opportunity to present legal arguments before judgment, and that any decision delivered without it “cannot stand.”

IPOB insists that Justice Omotosho had repeatedly directed the defence to include all objections in the final written address, only to later bar them from submitting it. The organisation emphasis that this procedural breach alone renders the judgment invalid.

With the case now before the Court of Appeal, IPOB warns that the credibility of the judiciary is at stake. The appellate justices, the group argues, must decide whether they will endorse a ruling built on “a struck-out charge, a repealed law, personal opinions, and a blatant denial of fair hearing.” Upholding such a decision, the group says, would signal to the world that the Nigerian judiciary is complicit in the “persecution” of Kanu.

“This is no longer about one man,” IPOB said. “It is about whether Nigerian courts still follow the Constitution or whether they now follow political instructions.”

The group urged civil society organisations, international observers, and the wider public to study the court records themselves, insisting that the certified true copies reveal clear violations of established legal standards. IPOB vowed to continue challenging the judgment through every lawful means available.

Below is the full public statement issued by IPOB:

PUBLIC STATEMENT

By Emma Powerful, IPOB PUBLICITY AND PRESS SECRETARY

The Indigenous People of Biafra (IPOB) wishes to alert the world and the Nigerian public about the dangerous judicial manipulation that took place in the case of Onyendu Mazi Nnamdi Kanu before Justice Omotosho of the Federal High Court, Abuja. What happened in that courtroom was not justice. It was a complete abuse of the legal process.

Justice Omotosho Brought His Personal Opinions Into a Criminal Case

At no time was Onyendu Mazi Nnamdi Kanu charged with any offence related to separatism or attempting to break up Nigeria. The charges against him focused mainly on alleged broadcasts and the leadership of IPOB.

Yet Justice Omotosho abandoned the charges and began preaching politics. He declared that “Nigeria is indivisible” and claimed that Onyendu’s call for a Biafra referendum is unconstitutional. This had nothing whatsoever to do with the charges before him.

Nigeria domesticated the African Charter on Human and Peoples’ Rights, which clearly recognises the right of a people to self-determination. Courts in Nigeria have acknowledged this repeatedly.

Justice Omotosho chose to ignore all of this. Instead, he inserted his personal political views into a criminal judgment. That is improper, unprofessional, and unlawful.

He Denied Onyendu His Right to Defend Himself

The most shocking violation was Justice Omotosho’s decision to deny Onyendu Mazi Nnamdi Kanu his constitutional right to file a final written address -:the last opportunity for a defendant to argue his case before judgment.

In Nigerian law, the final address is a fundamental element of fair hearing. No judge has the power to deny it. No judgment delivered without it can stand.

By blocking Onyendu from filing this final defence – after promising several times on the record that he should include his objections in that same address – Justice Omotosho destroyed the legality of his own judgment.

The Appeal Court Must Not Endorse This Injustice

The Court of Appeal now faces a basic question:

Will it uphold a judgment based on a struck-out charge, a repealed law, personal opinions, and a blatant denial of fair hearing?

Even the weakest appellate court normally overturns such a defective judgment.

If they uphold it, it will confirm to the world that the judiciary is fully invested in persecuting Onyendu rather than dispensing justice.

IPOB Will Continue to Challenge This Travesty

This situation is no longer about one man. It is about how far state institutions will go to twist the law just to secure a predetermined conviction.

It is about whether Nigerian courts still follow the Constitution or whether they now follow political instructions.

IPOB calls on the public, civil society groups, and international observers to take time to read the certified true copies of the court proceedings. There, you will clearly see how Justice Omotosho single-handedly destroyed justice and violated the rule of law in full public view.

We will continue to challenge this injustice by every lawful and legal means available to us.

Signed:

03.12.2025

Comrade Emma Powerful

IPOB, PUBLICITY AND PRESS SECRETARY.