Kanu’s conviction a Per Incuriam verdict — Lawyer
By Nwabueze Okonkwo
ONITSHA — An Anambra-based legal practitioner and Chairman of the Ebonyi Lawyers Forum in the state, Victor Alo, Esq., has described the life imprisonment sentence handed to the IPOB leader, Nnamdi Kanu, as a per incuriam judgment, arguing that key legal issues raised during the trial were not addressed.
Alo, who spoke in Nkpor, near Onitsha, said the Federal High Court, Abuja, ought to have first ruled on the issue of jurisdiction raised by Kanu before proceeding to judgement.
He further argued that the ruling was defective because the Terrorism Act under which Kanu was tried had been repealed, describing the situation with the Latin maxim ex nihilo nihil fit — “nothing comes from nothing.”
According to him, no weapon was tendered in evidence against Kanu, nor was there proof linking him directly to acts of terrorism beyond reasonable doubt.
Reacting to the judgment, Alo acknowledged that Kanu’s conduct in court might have been confrontational, but maintained that conviction should not rest on what he described as speculative allegations tied mainly to broadcasts.
He added that none of the individuals allegedly involved in acts of violence had been arrested or had made any formal statement implicating Kanu. Given that the relevant law had been repealed, he argued that the conviction lacked a firm legal basis.
Alo expressed optimism that the Court of Appeal or the Supreme Court would overturn the decision, describing the verdict as unsustainable.
Alternatively, he said President Bola Ahmed Tinubu could exercise his constitutional powers to grant clemency in the interest of easing tension and promoting stability in the South-East region.
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