FG has no right to prosecute Nnamdi Kanu – Lawyer

A human right lawyer, Barr. Christopher Chidera has tackled the federal government over the plan to start the prosecution of the detained leader of Indigenous People of Biafra  (IPOB), Nnamdi Kanu, afresh. He said any attempt to prosecute the IPOB leader under the Terrorism Prevention (Amendment) Act 2013 is legally untenable. The lawyer called on […]

A human right lawyer, Barr. Christopher Chidera has tackled the federal government over the plan to start the prosecution of the detained leader of Indigenous People of Biafra  (IPOB), Nnamdi Kanu, afresh.

He said any attempt to prosecute the IPOB leader under the Terrorism Prevention (Amendment) Act 2013 is legally untenable.

The lawyer called on Tinubu’s government to swiftly initiate a negotiations for a peaceful resolution.

In a statement made available to journalists at the weekend in Abuja, the lawyer pointed out that the section of Terrorism Prevention (Amendment) Act 2013 which the prosecution relied 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The lawyer added that attempt to proceed under a repealed statute is tantamount to defying the ancient doctrine of stare decisis, which anchors the certainty and cohesion of justice in common law jurisdictions.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.

“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.”