Human rights lawyer, Barr. Christopher Chidera has described the fresh trial of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra ,IPOB, by the Nigerian government as unlawful, pointing out that a de novo trial impedes on his fundamental human rights.
He further stressed that any attempt to prosecute Kanu under the Terrorism Prevention (Amendment) Act 2013 is legally indefensible, procedurally improper, and morally unjustifiable.
He said the twists and turns in Kanu’s case will expose the dirty underbelly of Nigeria’s judiciary, and that it would no doubt expose its susceptibility to political manipulation.
The human rights lawyer In a statement released over the weekend in Abuja Emphasized that the section of the Terrorism Prevention (Amendment) Act 2013, which the prosecution has relied upon, is no longer an active law in Nigeria.
It further argued that attempting to proceed under a repealed statute amounts to a violation of the long-standing doctrine of stare decisis, a principle that upholds the consistency and integrity of justice in common law systems.
He said, “Nigeria’s courts lack the substantive jurisdiction to try Kanu under a legal relic, and any attempt to do so constitutes a direct assault on his constitutional rights to a fair hearing and protection from retroactive punishment.
“The prosecution’s feeble reliance on Section 98(3) of the TPPA 2022—claiming continuity of proceedings—collapses under scrutiny. A de novo trial is a fresh proceeding, not an extension of a defunct case.
“The government’s legal acrobatics cannot mask this fundamental truth: the procedural jurisdiction to prosecute Kanu under the 2013 Act evaporated with its repeal. To persist is to invite ridicule and condemnation from both Nigerian citizens and the international community.
“The twists and turns: Kanu’s self-representation will ignite legal fireworks, exposing the dirty underbelly of Nigeria’s judiciary—its inconsistencies, its biases, and its susceptibility to political manipulation. The government’s ability to control the narrative will crumble as Kanu commands the courtroom and the court of public opinion.
“This is no ordinary case. It is the most consequential in Nigeria’s history, a crucible in which the judiciary’s credibility will be tested under unprecedented global scrutiny. Ordinary Nigerians, captivated by this drama, await the unraveling of legal arguments and the revelation of which laws the prosecution will twist to sustain its faltering case.
“Yet, the truth is inescapable: Nigeria cannot win. Convicting Kanu is a legal impossibility and a political miscalculation of historic proportions. His detention, his suffering, and his endurance for the Biafran cause have galvanized a movement that cannot be criminalized or intimidated into silence.”
The statement urged Tinubu’s government to halt the planned prosecution and pursue an amicable resolution with Nnamdi Kanu before midnight on 20 March 2025. It warned that failure to do so could result in the exposure of corruption and systemic decay within Nigeria’s judicial system.
He said, “Political dissent cannot be extinguished by force, and the Biafran struggle will not be subdued by crackdowns or detention without trial.
“Kanu’s resolve is unshakable, and his platform on 21 March will amplify a truth the government cannot suppress: Nigeria’s judiciary lacks the authority and legitimacy to try him.”
