Emmanuel Kanu, the younger brother of detained IPOB leader Nnamdi Kanu, has raised fresh legal objections to his brother’s terrorism conviction, arguing that it may not meet constitutional requirements.

In a statement released on Tuesday, Emmanuel Kanu insisted that any criminal conviction in Nigeria must be based on a valid and existing law at the time judgment is delivered.

He referenced Section 36(12) of the 1999 Constitution, which states that no person can be convicted of a criminal offence unless the offence and its punishment are clearly defined in a written law.

According to him, the central issue in the case is whether the court properly relied on a valid terrorism law when delivering its judgment.

He argued that while Nigeria currently operates under the Terrorism (Prevention and Prohibition) Act, 2022, the conviction was allegedly linked to provisions of the repealed Terrorism (Prevention) (Amendment) Act, 2013.

Emmanuel Kanu said the prosecution originally filed charges under the 2013 law and continued the case after its repeal, relying on transitional provisions in the newer law.

However, he maintained that the key legal question is not just whether a case can continue after a law is repealed, but whether a conviction can stand without a clearly active offence-creating law at the time of judgment.

He further claimed that the court did not explicitly point to a specific section of the 2022 Act as the basis for the conviction, raising concerns about constitutional compliance.

“The question is whether the conviction meets the constitutional requirement that both the offence and punishment must be prescribed in a written law,” he said.

According to him, the defence had previously argued that continued reliance on the repealed law could invalidate the case.

He added that the matter will now be taken to the Court of Appeal, where the legal team is expected to challenge the foundation of the conviction and demand clarification on the applicable law.

Kanu noted that if no valid law is identified, the conviction may fail constitutional scrutiny under Section 36(12).

Nnamdi Kanu remains one of Nigeria’s most high-profile detainees, facing terrorism-related charges brought by the Federal Government over IPOB-related activities.

His case has passed through several stages in the Nigerian judicial system, including a Court of Appeal ruling in 2022 that initially discharged him, which was later overturned by the Supreme Court, allowing the trial to continue.

Following the latest proceedings, Kanu was convicted and is currently serving his sentence at the Sokoto Correctional Centre while awaiting further legal review.