Barrister Aloy Ejimakor, counsel to the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, has accused the Federal Government of slowing down proceedings in his client’s appeal.
Ejimakor wants the Court of Appeal to fix a date for Kanu’s pending bail application without waiting indefinitely for the government to file its response.
The lawyer made the demand on Tuesday in a post on his X account while providing an update on the legal battle involving the IPOB leader.
“On this #XTuesday for Mazi Nnamdi Kanu, I respectfully request the Court of Appeal to set a near date to consider his bail application,” Ejimakor said.
According to him, the prosecution has failed to file its reply brief to the brief already submitted by Kanu’s legal team.
He argued that the delay should not prevent the appellate court from considering whether Kanu should be released on bail while his appeal against the conviction continues.
“Given the failure of the Nigerian government to join issues in the appeal, the next fair thing to do is to promptly consider Mazi Nnamdi Kanu for bail,” he said.
Ejimakor said the government’s time for filing its response had already expired.
“The Nigerian government has not yet filed its reply Brief to MNK’s Brief of argument. So, their Brief is overdue,” he said.
The lawyer maintained that the court should not continue waiting for a filing that is already overdue when a separate bail application remains before it.
“So, it’s unfair to continue waiting for them without considering Mazi Nnamdi Kanu’s bail application, which is pending before the Court of Appeal,” he added.
Kanu’s case returned to the appellate stage after he challenged the judgment of the Federal High Court in Abuja which convicted him on terrorism-related offences and sentenced him to life imprisonment in November 2025.
Justice James Omotosho had found Kanu guilty on all seven counts brought against him by the Federal Government.
He imposed life imprisonment on several of the counts, while additional prison terms were handed down on other counts.
The judgment brought an end to a trial that had lasted for several years and generated intense political and legal controversy, particularly in the South-East.
Kanu has consistently challenged the legitimacy of the proceedings against him.
During the trial, he argued that the charge against him was not based on a valid law and declined to open a defence after several opportunities were granted by the trial court.
His legal team subsequently moved to challenge the conviction at the Court of Appeal.
Ejimakor had earlier confirmed that the appeal process was activated in February 2026. He explained that the case would proceed through the normal appellate procedure, beginning with the filing and exchange of written briefs before the matter is heard by the court.
Earlier in August, Ejimakor said the Federal Government had decided not to proceed with its cross-appeal seeking the mandatory death penalty against Kanu.
According to the lawyer, the government formally communicated that it did not intend to pursue that aspect of the appeal.
This removed the immediate possibility of the Federal Government pressing its demand for a mandatory death sentence at the appellate stage, leaving Kanu’s challenge to his conviction and sentence as a major issue before the court.
The prosecution had originally sought the death penalty during the trial.
Justice Omotosho, however, opted for life imprisonment, citing the need to temper justice with mercy and noting the global position against capital punishment.
Kanu’s legal battle with the Nigerian government dates back more than a decade.
He was first arrested in Nigeria in 2015 in connection with his activities and advocacy for the creation of Biafra.
His case later became more complicated after he left Nigeria and was eventually brought back into the country from Kenya in 2021.
In 2022, the Court of Appeal discharged and acquitted Kanu in the terrorism case. The decision was later overturned by the Supreme Court, which ordered that the trial should continue.
The matter eventually returned to the Federal High Court in Abuja, where Kanu was convicted in November 2025.
Following the conviction, Kanu was transferred from the custody of the Department of State Services in Abuja to a correctional facility in Sokoto.
Ejimakor had at the time expressed concern over the distance between Kanu and his lawyers, family members and supporters.
