Again, Kanu Raises Objections, Claims He’s Being Tried Under Dead Law

Detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has again objected to his ongoing trial at the Federal High Court in Abuja, insisting that the Federal Government is prosecuting him under a dead (repealed) law.

Kanu’s legal team issued the warning in a media statement signed by Onyedikachi Ifedi, Esq., on behalf of the Mazi Nnamdi Kanu Global Defence Consortium on Sunday, alleging that the proceedings overseen by Justice James Omotosho are no longer following due process.

Kanu, who has been in the custody of the Department of State Services (DSS) since June 2021 after he was intercepted abroad and returned to Nigeria to face trial argued that although the Federal Government is charging him under the Terrorism Prevention (Amendment) Act 2013, that law was completely repealed by the Terrorism Prevention and Prohibition Act 2022.

“A repealed law is a dead law. You cannot try or convict anyone under a law that does not exist,” the statement read. “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 equals no trial.”

The defence team said Kanu has repeatedly asked the court to take judicial notice of the repeal, but the request has not been granted.

“The court has refused to acknowledge this basic fact, even when Mazi Nnamdi Kanu formally asked Justice James Omotosho to do so — which the law says the judge must do,” the statement said.

The lawyers also alleged that Justice Omotosho has declined to hear objections relating to jurisdiction and constitutionality before delivering judgment, which they describe as unprecedented.

“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,” the consortium said.

According to the defence, the court has also refused to allow them file a final written address, which they argue is a violation of the defendant’s right to fair hearing.

“This is a basic right in every criminal trial. It is the accused person’s last chance to explain his case before judgment,” the statement said. “Blocking it is a clear violation of fair hearing.”

The group warned that the ongoing trial may set a dangerous precedent for the Nigerian justice system if allowed to stand.

“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 statement continued. “Today it is Kanu. Tomorrow it can be anyone.”

The consortium called on the Nigerian Bar Association, civil society organisations, human rights groups, the media, and international observers to take interest in the matter.

“This trial is no longer following the rule of law. It is heading toward a predetermined outcome, and the entire world needs to know,” it warned.

The defence reiterated that it will continue to seek redress through legal means.

“We remain committed to defending the rights of Mazi Nnamdi Kanu using lawful and peaceful methods,” Ifedi said. “But silence in the face of injustice is not an option. Justice must be real — not a performance,” it added.