The Indigenous People of Biafra (IPOB) has warned Justice James Omotosho of the Federal High Court in Abuja against using a recent Kenyan High Court judgment as grounds to stop the ongoing trial of its leader, Nnamdi Kanu.
In a statement signed by Barrister Onyedikachi Ifedi on behalf of the group’s Directorate of Legal Affairs, IPOB acknowledged the Kenyan court’s decision, which declared Kanu’s abduction and extraordinary rendition from Kenya to Nigeria illegal and unconstitutional. However, the group insisted that the judgment has no binding effect in Nigeria unless formally domesticated through treaty ratification under Section 12 of the Nigerian Constitution.
IPOB cited Section 287(1) of the 1999 Constitution, which mandates all authorities and lower courts in Nigeria to comply with Supreme Court decisions. It argued that Justice Omotosho is constitutionally bound to proceed with Kanu’s trial in line with a prior Supreme Court ruling, which returned the case to a lower court despite acknowledging Kanu’s “criminal abduction.”
“No trial court, regardless of circumstance, is permitted to override, ignore, or set aside a Supreme Court judgment,” the group said.
Quoting the legal precedent Rossek v. ACB Ltd (1993), IPOB noted that even when a Supreme Court ruling appears flawed, it remains binding unless overturned by the apex court itself. The group also referenced Adisa v. Oyinwola (2000) to buttress its point that only the Supreme Court can reverse its own decision.
While IPOB strongly criticized the Supreme Court for allegedly overlooking key legal safeguards that should have invalidated the trial — including Nigeria’s Extradition Act, international human rights treaties, and relevant legal precedents — it maintained that such arguments must be taken back to the Supreme Court or pursued through international courts.
The group emphasized that the Federal High Court is not the proper venue to contest the Supreme Court’s authority and warned against attempts by the judiciary or executive to use the Kenyan ruling as justification for stopping the trial.
“Although the Kenyan High Court has rightly exposed the illegality of the abduction, its decision has no automatic legal effect within the Nigerian judicial system,” the statement read.
Describing the trial as a test of the rule of law in Nigeria, IPOB urged the international community, African Union, and human rights bodies to intervene and ensure Nigeria complies with international legal standards.
