A human right lawyer, Barr. Christopher Chidera has tackled the Nigerian government claiming it lacks legal ground to prosecution detained leader of Indigenous People of Biafra (IPOB), Nnamdi Kanu de novo, that’s afresh.
He said any attempt to prosecute the IPOB leader under the Terrorism Prevention (Amendment) Act 2013 is legally untenable, procedurally flawed, and morally bankrupt.
The lawyer called on the government to swiftly initiate a peaceful negotiations for a peaceful resolution before midnight on Thursday, 20 March, or go down with the consequences of exposing the high profile corruption, system failure, injustice in the Nigeria justice system.
In a statement made available to THE WHISTLER in Abuja, the lawyer noted that Nnamdi Kanu’s case stands as a glaring testament to the fragility of Nigeria’s legal and judicial framework when confronted with the unyielding pursuit of justice and self-determination.
The statement pointed out that the section of Terrorism Prevention (Amendment) Act 2013
which the prosecution relied on is no longer a written law in force in Nigeria.
The lawyer added that attempt to proceed under a repealed statute is tantamount to defying the ancient doctrine of stare decisis, which anchors the certainty and cohesion of justice in common law jurisdictions.
“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,” he said.
He pointed out that, “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.”
He argued that to persist with the prosecution is to invite ridicule and condemnation from both Nigerian citizens and the international community.
Kanu will assume his own defense on 21 March. Having already forced the recusal of Justice Binta Nyako—despite institutional resistance—and secured the intervention of the Chief Justice of Nigeria, lawyers believe Kanu has demonstrated his capacity to confront what he rightly or wrongly perceives as a biased judicial establishment.
According to the lawyer, should represent himself, the prosecution will face a formidable adversary armed not only with legal acumen but with the moral weight of a cause that resonates with millions.
He said in “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,” he stated.
He believes this is no ordinary case stressing that 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, he said, 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 notes that political dissent cannot be extinguished by force, and that “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, that Nigeria’s judiciary lacks the authority and legitimacy to try him,” the statement added.
IPOB: Lawyer Claims Nigerian Govt Has No Legal Ground To Prosecute Nnamdi Kanu is first published on The Whistler Newspaper
Source: The Whistler
