THE TRIAL of Nnamdi Kanu, the embattled leader of the proscribed Indigenous People of Biafra (IPOB), has entered a new phase as a fresh judge, Justice James Omotosho, takes over the case at the Federal High Court in Abuja. The Explainer gathered that the latest proceedings, which saw Kanu re-arraigned on a seven-count terrorism charge, were marked by a dramatic shift in tone, with his new defence counsel, Chief Kanu Agabi (SAN), offering an extensive apology on his behalf.
Kanu’s legal battles date back to October 2015, when he was first arrested upon his return to Nigeria from the United Kingdom. His initial detention at the Kuje Correctional Facility ended in 2017 when he was granted bail on health grounds. However, after skipping bail and leaving Nigeria, he was controversially re-arrested in Kenya and extradited to Nigeria in 2021. Since then, he has remained in the custody of the Department of State Services (DSS), facing multiple charges, including treason and terrorism.
Justice Omotosho was assigned the case following the recusal of Justice Binta Nyako in September 2024. The Explainer learned that Kanu’s legal team had raised concerns over potential bias, leading to their formal request for a new judge. After intervention from Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, the case was reassigned, setting the stage for the latest courtroom developments.
The latest hearing took an unexpected turn as Kanu’s new lead counsel, Chief Agabi, offered an emotional and detailed apology on behalf of his client. Addressing the court, Agabi stated, “We may have reason to be angry, but we must be careful what we say when we are angry. That is why we are urged not to sail in a storm.”
He further expressed regret over Kanu’s verbal attacks on Justice Nyako, the prosecution, and his own legal team, adding, “The defendant in this case, Nnamdi Kanu, was angry. He has been angry for a long time, and therefore, he should not have spoken when he was angry. But he did, and he said the wrong things.”
The Explainer gathered that Agabi’s remarks were part of a broader effort to ease tensions and possibly reposition Kanu’s defence strategy. He described Kanu as a “good man” who may have spoken out of frustration, urging the court to embrace reconciliation and understanding.
In response, the lead prosecutor, Chief Adegboyega Awomolo (SAN), accepted the apology and reassured the court of the prosecution’s commitment to ensuring an expeditious trial.
“We appreciate the feeling of the defendant and the heat this matter generates,” Awomolo stated.
Justice Omotosho also weighed in on the situation, reflecting on the prolonged nature of the trial.
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“When the defendant was arraigned in 2015, he was 47. Now he is 57 and still does not know where he is headed. This may have led him to make certain comments that were not right,” the judge remarked.
Kanu’s trial has been at the centre of a broader conversation on separatist movements, governance, and the rule of law in Nigeria. The IPOB leader has maintained that he is advocating for the self-determination of the Igbo people, a position that has sparked controversy, government crackdowns, and mixed reactions from the international community.
According to data from Amnesty International, Nigerian security forces killed at least 150 members and supporters of the Indigenous People of Biafra (IPOB) during non-violent meetings, marches, and other gatherings between August 2015 and August 2016. Additionally, between March and June 2021, security forces were implicated in the deaths of at least 115 individuals in the country’s Southeast region.
IPOB has been accused of instigating violence in the South-East, leading to a government ban and increased military operations in the region. However, IPOB maintains that its activities are peaceful, and Kanu’s supporters argue that his trial is politically motivated.
A report by the International Crisis Group (ICG) indicates that separatist sentiments in the South-East have been fueled by long-standing grievances, including economic marginalisation, political exclusion, and historical injustices dating back to the Nigerian Civil War (1967–1970). The group warns that Kanu’s continued detention could further radicalise his followers, escalating tensions in an already volatile region.
