A legal practitioner based in Nkpor, near Onitsha, Anambra state and Chairman of Anambra state based- Ebonyi lawyers, Victor Alo Esq has described the sentencing of IP0B leader, Nnamdi Kanu to life imprisonment by Justice James Omotosho of the Federal High Court, Abuja as a per incuriam verdict, in the sense that the court refused to rule on the issue of jurisdiction raised by kanu before arriving at the judgement.
Besides, Alo said the judgement is per incuriam because the terrorism Act under which Kanu was tried has been repealed and is no more in existence, ex -nihil nihilo nile,meaning out of nothing then comes out nothing.
Moreso when there is no weapon found on Kanu and neither was any terrorism act linked to Kanu directly which was proved beyond reasonable doubt as the masterminder of the terrorism act in all the evidences placed before the court by the prosecution .
Reacting to the judgement, Alo stated that although Kanu attempted to make a mockery of the judiciary by exhibiting an unruly behavior before the court as if it was Justice James Omotosho that brought him to court for trial in the first instance, the court would not have based it’s judgement on mere allegations of broadcast which is rather speculative to convict Kanu.
He noted that if the former President Muhammadu Buhari is still alive and decided to prosecute Kanu for calling him all sorts of bad names, Kanu’s case would have had a substance, but since he is no more alive and none of those who committed the act of terrorism was arrested and made a confessional statement linking kanu directly to any of the alleged terrorism acts to include killings or burning of police stations as alleged, coupled with the repeal of the terrorism Act ,2013, the court has no basis whatsoever to convict him on the basis of mere allegations by the prosecution.The is because, the law is trite that speculation though matter how strong cannot ground Conviction.
He therefore expressed optimism that the Court of Appeal and the Supreme Court will surely quash the lower court’s verdict because of it’s baseless nature or in the alternative, President Ahmed Tinubu who has the power under the law can still grant him political pardon in order to douse imminent tension and insecurity within the Southeast geopolitical zone,said Alo .