Nnamdi Kanu's Appeal in Motion, Lawyer Aloy Ejimakor Urges Focus on Legal Process
Aloy Ejimakor, the legal counsel representing Mazi Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has provided a detailed update on his client's appeal against terrorism charges that resulted in a conviction. Ejimakor emphasized that the appeal, initiated with a notice filed in February 2026, is actively progressing through established legal stages, and he called on the public to disregard daily rumours and misconceptions about the process.
Clear Sequential Stages of the Appeal
In a statement released on Wednesday, Ejimakor outlined the procedural roadmap for the appeal, stressing that it differs from the earlier High Court proceedings before Justice Omotosho. He explained that the first critical step involves the Compilation and Transmission of the Record of Appeal. This requires the Registrar of the Federal High Court in Abuja to assemble a comprehensive record, including the charge sheet, court proceedings, exhibits, rulings, judgment, and sentence. Parties involved, namely Kanu's legal team and the prosecution, are typically invited to settle the record by agreeing on the included documents. For terrorism-related cases, a Practice Direction expedites this phase, and Ejimakor confirmed that the Registrar has already completed and transmitted the record to the Court of Appeal Registry.
Filing of Briefs and Hearing Procedures
Following the transmission, the next phase involves the filing of Briefs of Argument. According to Ejimakor, Kanu's side, as the appellant, must submit a voluminous brief within 45 days of receiving the record. This document outlines the legal arguments based on 22 grounds of appeal and argues for quashing the conviction. Once served, the Federal Government, as the respondent, has 30 days to file its own brief, and if necessary, Kanu's lawyers may file a reply brief within 14 days to address new points raised by the prosecution. Ejimakor highlighted that these briefs are the primary materials the Court of Appeal will review, with oral arguments during hearings serving only to clarify them.
After all briefs are filed, the Court of Appeal Registry schedules a hearing date, notifying both parties. The hearing will be conducted before a three-man panel of justices, who will listen to oral arguments, ask questions, and take notes. Ejimakor clarified that no oral testimony or evidence, as seen in the High Court, will be permitted. For terrorism-related appeals, the court often prioritizes speed to expedite the process. Post-hearing, the court reserves a date for judgment, typically within a few weeks to months, but not exceeding 90 days.
Potential Outcomes and Finality
On the judgment day, the Court of Appeal may:
- Allow the appeal, resulting in the quashing of the conviction and sentence, and discharging or acquitting Kanu.
- Dismiss the appeal, thereby upholding the conviction and sentence.
- Order a retrial, which would return Kanu to an unconvicted status and provide another opportunity for trial.
The judgment will be delivered in open court and represents the final decision unless further appealed to the Supreme Court. Ejimakor noted that while the entire process from record compilation to judgment usually takes several months, terrorism-related cases under Practice Directions are expected to move more quickly. He also mentioned that interim applications, such as for bail pending appeal or accelerated hearing, can be filed at any time during the process.
Appeal Progress and Public Guidance
Ejimakor emphasized that the appeal is already live, with the clock starting from the February 2026 filing. The next visible milestone, the transmission of the Record of Appeal, has been completed, and the exchange of briefs is currently in process. He urged people to focus on these clear, sequential stages rather than on daily rumours or the belief that the appeal will mirror the High Court procedures. This is the standard, transparent roadmap laid down by Nigerian law, and MNK's appeal cannot be any different, he stated, assuring that the appeal is progressing exactly as required by legal rules, one procedural step at a time.
