The Mazi Nnamdi Kanu Global Defence Consortium has warned that the ongoing trial of the detained IPOB leader is taking what it calls a “disturbing and unlawful” turn, accusing the Federal Government of prosecuting him under a repealed law.
The concerns were raised in a statement issued on Sunday by Barrister Onyedikachi Ifedi, Esq., on behalf of the consortium — a body of legal experts coordinating the defence of Nnamdi Kanu worldwide. The statement, titled “A Clear Warning on the Danger in Nnamdi Kanu’s Trial,” urged civil society, the Nigerian Bar Association (NBA), and the international community to intervene.
According to the group, Kanu is being tried under the Terrorism Prevention Amendment Act 2013, which was repealed with the enactment of the Terrorism (Prevention and Prohibition) Act 2022.
“A repealed law is a dead law,” the consortium said, insisting that no criminal trial can lawfully continue under a law that is no longer in force. It argued that the failure of the trial judge, Justice James Omotosho of the Federal High Court, Abuja, to take judicial notice of the repeal violates constitutional safeguards and longstanding legal doctrine.
The statement referenced Section 36(12) of the 1999 Constitution, which provides that an accused person can only be tried for an offence defined under a written law in force at the time of the alleged act.
“In simple terms: No law = No trial,” the defence team said.
Concerns Over Court Procedure
The consortium further alleged that the court has refused to hear Kanu’s objections, including arguments on jurisdiction and constitutionality.
“Justice Omotosho has repeatedly told Kanu that he will not hear any objection — not even the objection about the missing law — until he delivers judgment. This is unheard of in Nigerian legal history,” the statement said.
The defence team argued that jurisdictional issues must be addressed before any trial proceeds, and blocking such objections “portends danger for the future of justice in Nigeria.”
Allegation of ‘Convict First, Explain Later’ Strategy
The consortium accused the Federal Government and the court of adopting a troubling legal strategy:
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Conduct the trial under the repealed 2013 Act;
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Block all objections from the defence;
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Deliver a guilty verdict;
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Later justify the conviction by citing similar provisions in the 2022 Act.
“This would be a legal fraud,” the statement said. “You cannot try a man under one law and convict him under another and pretend it is the same thing.”
Claim of Blocked Final Address
The defence team also claimed that the judge denied Kanu the opportunity to file a final written address — a fundamental right in criminal proceedings.
“This is the accused person’s last opportunity to state his case before judgment. Blocking it is a clear violation of fair hearing,” the consortium said.
Implications for All Nigerians
The statement warned that what is happening to Kanu poses a risk to every Nigerian.
“If a court can use a non-existent law, refuse objections, shut down constitutional arguments, and block a final address, then no Nigerian is safe before such a court,” it said.
The consortium called on the NBA, human rights advocates, civil society groups, the media, and international observers to closely monitor the trial, insisting that the process “is no longer following the rule of law.”
“We remain committed to defending the rights of Mazi Nnamdi Kanu using lawful and peaceful means. But silence in the face of injustice is not an option,” the statement concluded.