ABUJA – The Federal Government’s planned prosecution of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has been described as legally untenable by respected legal expert Barrister Christopher Chidera.
Chidera argues that the trial, set to commence on 21 March 2025, faces significant jurisdictional challenges that could render it ineffective.
In a statement issued on Wednesday, he highlighted flaws in the case against Kanu due to the repeal of the Terrorism Prevention (Amendment) Act 2013, the statute under which Kanu was originally charged.
He emphasised that prosecuting Kanu under a repealed law violates the principle of stare decisis, which upholds legal consistency, and could undermine the trial’s legitimacy.
The statement noted, “The question of whether the Nigerian government can effectively prosecute Mazi Nnamdi Kanu on 21 March 2025 hinges on several legal, procedural, and political factors that have emerged in his ongoing case.
“One significant jurisdictional challenge is the claim that the legal basis for Kanu’s prosecution may be flawed due to the repeal of the Terrorism Prevention (Amendment) Act 2013, under which he was initially charged. As this Act is no longer in force, any attempt to prosecute Kanu under it lacks substantive jurisdiction and violates the principle of stare decisis.
“Another issue arises from Kanu’s extraordinary rendition from Kenya, which his legal team and international observers, including a 2023 U.S. human rights report, have deemed unlawful. This raises questions about Nigeria’s procedural jurisdiction, as the extradition process allegedly bypassed legal norms under both Nigerian and international law.
“Kanu’s legal team has contended that the case should be heard in the Southeast, where the alleged offences occurred, rather than in Abuja.
“Kanu’s decision to represent himself on 21 March 2025, they believe, will expose corruption, inconsistencies, and bias within the Nigerian justice system.
“Politically, the trial’s legitimacy is under scrutiny. Critics argue it has devolved into persecution rather than prosecution, citing prolonged detention without conviction and repeated adjournments.
“The outcome will likely depend on how Justice Omotosho interprets these challenges within the context of Nigerian law and Kanu’s formidable defence.
“In conclusion, the Nigerian government faces substantial hurdles in effectively prosecuting Mazi Nnamdi Kanu on 21 March 2025. Jurisdictional challenges—ranging from the repealed legal framework and unlawful rendition to the trial’s venue and Kanu’s strategic self-defence—could collectively undermine the case’s validity and execution.”
