A human right lawyer, Barr. Christopher Chidera has tackled the Nigerian government over the plan to start the prosecution of the detained leader of Indigenous People of Biafra (IPOB), Nnamdi Kanu afresh (de novo).
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 Tinubu’s government to swiftly initiate a peaceful negotiations for a peaceful resolution before midnight on Thursday, 20 March 2025, or down with the consequences of exposing the high profile corruption, system failure, injustice in the Nigeria justice system.
In a statement made available to journalists at the weekend in Abuja, the human right 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The lawyer added that any attempt to proceed under a repealed statute is tantamount to defying the ancient doctrine of stare decisis, which anchors the certainty and cohesion of justice in common law jurisdictions.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.
“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 that Mazi Kanu will assume his own defense on 21 March 2025 herald a seismic shift in this saga.
“Having already forced the recusal of the formidable Justice Binta Nyako—despite institutional resistance—and secured the intervention of the Chief Justice of Nigeria, Kanu has demonstrated his capacity to confront what he rightly or wrongly perceives as a biased judicial establishment.
“Should he 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.
“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,” he stated.
The statement, therefore, called on Tinubu’s government to abandon the proposed prosecution and negotiate an amicable resolution with Mazi Nnamdi Kanu before midnight, 20 March 2025 or down with the consequences of exposing the corruption and rot in the Nigerian justice system.
“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,” the statement added.