Nnamdi Kanu’s Defence Team Raises Alarm Over Irregularities In Ongoing IPOB Leader’s Trial
Nnamdi Kanu’s Defence Team Raises Alarm Over Irregularities In Ongoing IPOB Leader’s Trial
In a statement issued on Sunday by Barrister Onyedikachi Ifedi, the defence team alleged that the proceedings have derailed from established legal standards and now pose “a grave threat to the future of justice in Nigeria.”
The Mazi Nnamdi Kanu Global Defence Consortium has raised the alarm over what it described as “dangerous and unlawful” irregularities in the ongoing trial of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, before Justice James Omotosho of the Federal High Court, Abuja.
In a statement issued on Sunday by Barrister Onyedikachi Ifedi, the defence team alleged that the proceedings have derailed from established legal standards and now pose “a grave threat to the future of justice in Nigeria.”
According to the statement, Kanu is currently being prosecuted under the Terrorism Prevention (Amendment) Act 2013, which the defence notes was repealed following the enactment of the Terrorism Prevention and Prohibition Act 2022.
Describing a repealed law as “a dead law,” the Consortium argued that it is unconstitutional to try an accused person under legislation that is no longer in force.
The brief cited Section 36(12) of the Nigerian Constitution, which provides that an individual can only be tried for an offence defined under a written law that is in effect at the time of the trial.
“In simple terms: No law = No trial,” the defence team stated, insisting that the court has “refused to acknowledge this basic fact,” despite repeated requests for judicial notice of the repeal.
The defence team further alleged that Justice Omotosho has “repeatedly refused” to entertain objections, including those touching on jurisdiction and constitutionality.
Such issues, the defence team said, are foundational and must be addressed before any trial proceeds.
“This is unheard of in Nigerian legal history,” the statement claimed, adding that blocking jurisdictional objections raises “huge concern.”
The defence team accused the court of following what it called a “troubling strategy,” alleging that the judge was conducting the trial under the repealed 2013 law, blocking objections, and potentially seeking to secure a conviction that may later be justified using provisions of the 2022 law.
“You cannot try a man under one law, convict him under another, and pretend it is the same thing,” the statement read, describing such an outcome as “a legal fraud.”
The defence team also said that Justice Omotosho has refused to allow the defence to file a final written address, an essential component of criminal trials and the accused person’s last opportunity to present arguments before judgment.
Blocking the final address, the defence team said, amounts to “a clear violation of fair hearing.”
The defence team warned that the alleged actions of the court extend beyond Kanu’s case and could have broader consequences for all citizens.
“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,” the team said.
The defence team urged the Nigerian Bar Association, civil society organisations, human rights groups, the media, and international observers to “pay close attention” to the trial, insisting that it is “no longer following the rule of law.”
“This trial is heading toward a predetermined outcome, and the entire world needs to know,” the defence team stated.
Reaffirming its commitment to lawful advocacy, the defence team said it would continue to challenge what it described as injustice in the ongoing proceedings.
“Justice must be real, not a performance,” the defence team stated.
