By Casmir Nwankwo
Africa-Press – Nigeria. Mazi Nnamdi Kanu’s Global Defence Consortium has raised the alarm over what if described as the disturbing direction the trial of the leader of the Indigenous People of Biafra, IPOB, is taking.
The defence team, a group of lawyers fighting for Kanu’s freedom, raised the alarm in a statement issued by Barrister Onyedikachi Ifedi, Esq., on Sunday.
Titled ‘A clear warning on the danger in Nnamdi Kanu’s trial’, the statement claimed that the Nigerian government is bent on convicting Kanu with a repealed law.
According to the defence team, what is happening in the trial is not normal and should be condemned by the civil society, the Nigerian Bar Association, NBA, and the international community.
Kanu and his defence team have been arguing that the Terrorism Prevention Amendment Act 2013, under which he was charged, had been repealed by the Terrorism (Prevention and Prohibition Act) 2022.
The Mazi Nnamdi Kanu Global Defence Consortium warned that the refusal of the court to entertain objections regarding its jurisdiction to try the IPOB leader portends danger for the justice system in Nigeria.
“We issue this statement to alert the public and the international community about the disturbing direction the trial of Mazi Nnamdi Kanu is heading under Justice James Omotosho of the Federal High Court, Abuja. What is happening is not normal. It is not lawful. And it is not safe for the future of justice in Nigeria.
“The big issue: Kanu is being tried on a law that no longer exists. The Federal Government is prosecuting Kanu under the Terrorism Prevention (Amendment) Act 2013. But that law was completely repealed when the new Terrorism Prevention and Prohibition Act 2022 came into force.
“A repealed law is a dead law. You cannot try or convict anyone under a law that does not exist. Even where inapplicable savings clause exists, it cannot defeat the supremacy of Section 36(12) of the Nigerian Constitution. The doctrine of Nullum Crimen Sine Lege, known to every knowledgeable lawyer, is an immovable constitutional shield protecting Kanu against Justice Omotosho’s plans.
“The Constitution is very clear: You can only prosecute a person under a written law that is in force at the time of trial. In simple terms: No law = No trial. Yet the court has refused to acknowledge this basic fact, even when Mazi Nnamdi Kanu repeatedly and formally asked Justice James Omotosho to take judicial notice of the repeal — which the law says the judge must do,” the statement said.
The defence team expressed concern that the court is insisting on delivering judgment before entertaining the objections raised by Nnamdi Kanu.
According to the statement, the court’s position on the objections is unheard of in Nigeria’s legal history.
“The court refuses to hear any objection. 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.
“Issues about jurisdiction and constitutionality must come first.They determine whether the court can even continue with the case. But the judge has blocked every attempt to raise them. This is a huge concern,” the statement added.
In the same vein, the defence consortium alleged that the Nigerian government plans to “convict first and pretend later”.
“From the pattern we are seeing, the judge appears to be working towards a very troubling strategy: Conduct the trial on the repealed 2013 law which is illegal. Block all objections so the illegality is never addressed, another illegality. Deliver a guilty verdict; and later claim that the conviction is valid because similar offences exist in the 2022 law. This would be a legal fraud.
“You cannot try a man under one law, convict him under another law, and pretend it is the same thing. That is not justice. That is manipulation.”
Alleging that the “court even blocked Kanu’s final address”, the statement said the judge refused to allow the defence to file a final written address.
The statement said, “This is a basic right in every criminal trial. It is the accused person’s last chance to explain his case before judgment. Blocking it is a clear violation of fair hearing.”
Highlighting what Kanu’s case means for every Nigerian, the defence team noted that the trial is no longer just about Nnamdi Kanu.
“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. Today it is Kanu. Tomorrow it can be anyone.
“We call on the Nigerian Bar Association, civil society, human rights organisations, the media and international observers to pay close attention to what is happening. This trial is no longer following the rule of law. It is heading toward a predetermined outcome, and the entire world needs to know.
“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.
“Nigeria must not return to the dark days when court judgments were scripted, and trials were only a formality. Justice must be real — not a performance,” the Mazi Nnamdi Kanu Global Defence Consortium declared.
For More News And Analysis About Nigeria Follow Africa-Press
