Invoke Section 174 Of 1999 Constitution To Stop Nnamdi Kanu’s Trial – House Of Reps Member Writes Tinubu
Invoke Section 174 Of 1999 Constitution To Stop Nnamdi Kanu’s Trial – House Of Reps Member Writes Tinubu
He emphasised that discontinuing the prosecution would be an act of constitutional leadership, choosing peace over stubbornness, and would unlock national goodwill, promote reconciliation, and strengthen national unity.
President Bola Tinubu has been urged to invoke Section 174 of the 1999 Constitution to discontinue the prosecution of Mazi Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB).
A Nigerian lawmaker, Hon. Obinna Aguocha, made the appeal in a strongly worded letter to the president, dated November 17, 2025, highlighting constitutional defects in the charges against Kanu, including the illegal rendition from Kenya, which he said “poisons the prosecution’s limbs”.
Aguocha, who represents Ikwuano/Umuahia North/Umuahia South Federal Constituency in Abia State, argued that Kanu’s continued detention has contributed to the insecurity and economic crisis in the South-East region.
The Chairman, House Committee: Monitoring and Evaluation of Standing and Ad-Hoc Committees cited the pervasive “sit-at-home” paralysis, which has devastated commerce and strangled educational institutions, as evidence that the prosecution has become a catalyst for regional volatility.
Titled: “A Plea for National Healing and Constitutional Prudence: Invocation of Section 174 of the 1999 Constitution in the Prosecution of Mazi Nnamdi Kanu,” Aguocha stated, “When a prosecution triggers insecurity and sustains a climate of fear, the Constitution does not merely permit intervention. It compels it.”
He emphasised that discontinuing the prosecution would be an act of constitutional leadership, choosing peace over stubbornness, and would unlock national goodwill, promote reconciliation, and strengthen national unity.
The lawmaker’s letter partly read: “I write to you not merely as a concerned citizen but as an elected and committed national stakeholder watching a dangerous fire spread across the foundations of our national union.
“The continuing prosecution and detention of Mazi Nnamdi Kanu have evolved into a constitutional, political, and security quagmire, one tied not by law but by entrenched fear, hardened positions, and escalating regional tension. It is time to cut this gordian-knot through the prudent and statesmanlike invocation of Section 174 of the 1999 Constitution (as amended),” he insisted.
“Section 174, which empowers the Attorney-General of the Federation (AGF) to enter a nolle prosequi (a formal notice to discontinue a criminal prosecution), is far more than a procedural formality. It is a constitutional safety valve, crafted precisely for moments when the rigid pursuit of prosecution threatens to imperil the broader national interest.
“The Supreme Court, in Ilori v. The State, affirmed that this discretion is almost unassailable and exists to be deployed where the continuation of a criminal trial would inflict more harm on society than any alleged wrongdoing. It is a quasi-political instrument of wisdom and balance, designed to safeguard the nation when justice, peace, and stability hang in the balance.”
Aguocha urged President Tinubu to seize the moment and restore hope to millions who yearn for inclusion and peace, positioning his administration as a standard-bearer for lawful and principled leadership.
Aguocha’s letter reads, “Your Excellency, the ongoing prosecution has ceased to serve the ends of justice. Instead, it has become a dead weight shackled to the nation’s feet, aggravating tensions and endangering collective peace.”
The lawmaker further emphasised that “to persist under these conditions is akin to rearranging deck chairs while the Titanic sinks. National interest demands de-escalation, reconciliation, and stability. Only the courageous invocation of nolle prosequi can restore normalcy and extinguish the sparks of separatism that threaten to ignite a wider conflict.”
He noted that as a lawmaker, the Constitution entrenches the foundational criminal-law doctrine of nullum crimen sine lege and nulla poena sine lege, citing sections 36[8] and 36[12] which erect a non-negotiable bar against:
“[a] retroactive criminalisation, prosecution for conduct not criminalised at the time of its occurrence, and [b] trials based on repealed, amended, or otherwise inoperative statutes.
“Further note that the circumstances under which Kanu was brought back to Nigeria, his forced and illegal rendition from Kenya, remain a profound legal stain on the proceedings.
“Illegal rendition poisons the prosecutions limbs. Mazi Nnamdi Kanu, or indeed any other defendant, can not be hauled before a court through unconstitutional means and yet be subjected to a legitimate trial. The State can not profit from its own wrong.
“May it please your Excellency to further note that given the constitutional defects in the charges and the procedural improprieties of the rendition. The continuation of trial would amount to judicial validation of unconstitutional conduct, an outcome no court is empowered to permit.”
He said that the prosecution of Nnamdi Kanu has raised bar at the international community, which had expressed deep concern over the persecution and extra judicial killings of Christians and the circumstances of Kanu’s rendition and prolonged detention.
“Discontinuing the prosecution would be heralded as a bold affirmation of your commitment to justice, rule of law, and conflict de-escalation. It is an opportunity to position your administration as a standard-bearer for lawful and principled leadership.”
He expressed optimism that release of Mazi Nnamdi Kanu will afford reconciliation with the Igbo Nation.
“Among the Igbo people, the current mood is one of alienation and profound resentment. A gesture of mercy at this critical moment would be received as an unmistakable olive branch, an assurance that they remain valued and integral partners in the Nigerian project. It would instantly rebuild confidence and open a pathway to lasting peace. We will remember. We will reciprocate. It will surely end in praise.”
