Aloy Ejimakor, counsel to the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu (MNK), has said his client’s appeal against terrorism charges that got him sentenced is in motion.

According to him, Kanu’s notice of appeal, which was filed in February 2026, will proceed through numerous steps until it is fully heard and decided:

In a statement on Wednesday, Ejimakor urged people to focus on these clear, sequential stages rather than on daily rumours or on believing that the appeal process will follow the same pattern and procedure as in the High Court before Justice Omotosho.

He said the first process is the Compilation and Transmission of the Record of Appeal. He said 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.

“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 said.

Ejimakor stated that upon filing and receipt of MNK’s Brief, the Respondent (the Federal Government) must then file its own Respondent’s Brief within 30 days after being served with MNK’s Brief; and if necessary, MNK’s lawyers may file a short Reply Brief within 14 days (if the prosecution raised new points worth a response). He said Briefs are the main documents the Court of Appeal will read, adding that oral argument at the hearing only clarifies them.

He said once all Briefs are filed, the Court of Appeal Registry lists the matter for hearing, a date is fixed, and parties are notified. At the hearing, lawyers for both sides shall present oral arguments. The three-man panel of Justices of the Court of Appeal (not the whole court) listens and may ask questions and take notes. For “terrorism-related” appeals, the Court often gives priority to speed up the process.

The lawyer said, “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 on the judgment day, the Court will do one of the following:

* Allow the appeal (quash the conviction and sentence and discharge/acquit MNK), or

* Dismiss the appeal (uphold the conviction and sentence), or

* Order a retrial (which returns MNK to unconvicted status and gives him another shot).

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.

Ejimakor noted that the entire process (from Record to judgment) typically takes several months, but terrorism-related cases under the Practice Directions are expected to move more quickly.

“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,” he said. (Guardian)

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