The proscribed Indigenous People of Biafra (IPOB) has said no court in the common law world can try a case based on repealed charges or one that violates double jeopardy.
In a statement on Tuesday, the group’s Media and Publicity Secretary, Emma Powerful, called on Justice Omotosho to strike out the ongoing “bogus” charge against Nnamdi Kanu.
He said the charges against the IPOB leader, brought under the Terrorism Prevention Amendment Act 2013, were repealed in full on 12 May 2022 by the Terrorism Prevention and Prohibition Act (TPPA) 2022 (Section 97).
According to him, on 13 October 2022, the Court of Appeal discharged and acquitted Kanu, and under Section 249(1) of the Administration of Criminal Justice Act (ACJA) 2015, this operates as acquittal.
He added that Section 36(9) of the 1999 Constitution bars retrial, citing FRN v. Saraki (2018) 16 NWLR (Pt. 1646) 433, which held that jurisdictional discharge equals final acquittal.
“On 13 October 2022, the Court of Appeal discharged and acquitted Mazi Kanu – a verdict that under Section 249(1), ACJA 2015 operates as acquittal; Section 36(9), 1999 Constitution bars retrial; FRN v. Saraki (2018) 16 NWLR (Pt. 1646) 433: Jurisdictional discharge equals final acquittal.
“The Supreme Court’s reversal without curing this defect is constitutional arson,” the statement read.
It further cited A.G. Federation v. A.G. Abia State (2002) 6 NWLR (Pt. 764) 542, which held that courts cannot revive repealed statutes, and Section 6(3) of the Interpretation Act 2004, which states that repeal ends pending proceedings unless saved, noting that no saving clause applies.