Nnamdi Kanu’s Appeal In Progress, Ignore Rumours – Lawyer

Aloy Ejimakor, counel to the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has said tht his client’s appeal against his conviction on terrorism-related charges was progressing in line with due process, urging the public to disregard rumours surrounding the case.

Ejimakor, in a statement on Wednesday, explained that the appeal process, which commenced with the filing of a notice of appeal in February 2026, followed clearly defined procedural stages and will proceed accordingly until it is heard and determined by the Court of Appeal.

He said the first stage — the compilation and transmission of the Record of Appeal — has already been completed.

“The Registrar of the trial court (Federal High Court, Abuja) must compile the complete Record of Appeal. This includes the charge sheet, all court proceedings, exhibits, rulings, judgment, and sentence.

“Parties (MNK’s lawyers and the prosecution) are usually invited to ‘settle’ the Record (agree on what documents go in). For ‘terrorism-related’ cases, the Practice Direction fast-tracks this. So, the Registrar has a short window to finalise and transmit the Record to the Court of Appeal Registry. This has been done,” he said.

Ejimakor further noted that the next stage involves the filing of briefs of argument by both parties.

“Next is filing of Briefs of Argument (once the Record is received), whereby Appellant’s Brief (MNK’s side) must file the Brief (usually voluminous – tens of pages) within 45 days of receiving the Record. This is the written argument setting out the legal arguments on the 22 grounds of appeal and why the conviction should be quashed,” he added.

He explained that after the appellant’s brief is filed, the Federal Government, as respondent, is required to file its response within 30 days, while the defence may file a reply brief within 14 days if necessary.

“Briefs are the main documents the Court of Appeal will read. Oral argument at the hearing only clarifies them,” he stated.

According to him, once all briefs were filed, the Court of Appeal will schedule the case for hearing before a three-man panel of justices, who will listen to oral submissions and may ask questions.

“For ‘terrorism-related’ appeals, the Court often gives priority to speed up the process,” Ejimakor said.

He clarified that no fresh evidence or oral testimony would be entertained at the appellate stage.

“To be clear, no oral testimony or evidence (such as was done in the High Court) will be allowed. After the hearing, the Court reserves a date for judgment (usually for a few weeks, sometimes months, but not exceeding 90 days),” he said.

Ejimakor outlined the possible outcomes of the appeal, stating that the appellate court may allow the appeal and discharge or acquit Kanu, dismiss the appeal and uphold the conviction, or order a retrial.

“The judgment is delivered in open court and becomes the final decision of the Court of Appeal unless there is a further appeal to the Supreme Court,” he added.

He also noted that while the entire process may take several months, terrorism-related cases are typically fast-tracked under existing practice directions.

“Interim applications can be brought at any time (e.g., bail pending appeal, amendment of grounds, or accelerated hearing).

“It is noteworthy that the appeal is already ‘live’ – the filing of the Notice in February 2026 started the clock. The next visible milestone is the transmission of the Record of Appeal (which has been done), followed by the exchange of Briefs, which is in process.

“People should therefore focus on these clear, sequential stages rather than daily rumours or believing that the appeal process will follow the same pattern and procedure seen in the High Court before Justice Omotosho.

“This is the standard, transparent roadmap laid down by Nigerian law, and MNK’s appeal cannot be any different.

So, the appeal is progressing exactly as the rules require – one procedural step at a time,” Ejimakor stated.