Convicting Kanu is legally Impossible, His Continued trial Is a Violation of Nigerian Constitution----Lawyer

Convicting Kanu is legally Impossible, His Continued trial Is a Violation of Nigerian Constitution----Lawyer Human rights lawyer, Barr. Chri...

Convicting Kanu is legally Impossible, His Continued trial Is a Violation of Nigerian Constitution----Lawyer

Human rights lawyer, Barr. Christopher Chidera, has criticised the Nigerian government’s decision to restart the prosecution of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), from scratch (de novo).

He described any attempt to prosecute Kanu under the Terrorism Prevention (Amendment) Act 2013 as legally indefensible, procedurally improper, and morally unjustifiable.

Chidera urged Tinubu's administration to promptly engage in peaceful negotiations to resolve the matter amicably before midnight on Thursday, 20 March 2025. He warned that failure to do so could lead to the exposure of high-profile corruption, systemic failures, and injustices within Nigeria's judicial system.

In a statement released over the weekend in Abuja, it was highlighted that Nnamdi Kanu’s case serves as a stark illustration of the vulnerabilities within Nigeria’s legal and judicial systems when faced with the relentless pursuit of justice and self-determination.

The statement emphasised 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It further argued that attempting to proceed under a repealed statute amounts to a violation of the long-standing doctrine of stare decisis, a principle that upholds the consistency and integrity of justice in common law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.”

Reports indicating that Nnamdi Kanu will take up his own defence on 21 March 2025 mark a pivotal moment in this unfolding saga. By successfully prompting the recusal of the prominent Justice Binta Nyako—despite institutional pushback—and securing the involvement of the Chief Justice of Nigeria, Kanu has showcased his ability to challenge what he perceives, rightly or wrongly, as a prejudiced judicial system.

If he proceeds to represent himself, the prosecution will encounter a formidable opponent equipped not only with sharp legal expertise but also the moral authority of a cause that resonates deeply with millions.

He said, “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.”