By Onyedikachi Ifedi, Esq.
We issue this statement to alert the public and the international community about the disturbing direction the trial of Mazi Nnamdi Kanu is heading under Justice James Omotosho of the Federal High Court, Abuja.
What is happening is not normal. It is not lawful. And it is not safe for the future of justice in Nigeria.
1. THE BIG ISSUE: KANU IS BEING TRIED ON A LAW THAT NO LONGER EXISTS
The Federal Government is prosecuting Kanu under the Terrorism Prevention (Amendment) Act 2013.
But that law was completely repealed when the new Terrorism Prevention and Prohibition Act 2022 came into force.
A repealed law is a dead law. You cannot try or convict anyone under a law that does not exist. Even where inapplicable savings clause exists, it cannot defeat the supremacy of S.36(12) of the Nigerian Constitution. The doctrine of Nullum Crimen Sine Lege, known to every knowledgeable lawyer, is an immovable constitutional shield protecting Kanu against Justice Omotosho's deadly plans.
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 = No trial.
Yet the Court has refused to acknowledge this basic fact, even when Mazi Nnamdi Kanu repeatedly and formally asked Justice James Omotosho to take judicial notice of the repeal — which the law says the judge MUST do.
2. THE COURT REFUSES TO HEAR ANY OBJECTION
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.
Issues about jurisdiction and constitutionality must come first.
They determine whether the Court can even continue with the case.
But the judge has blocked every attempt to raise them.
This is a huge concern.
3. A PLAN TO CONVICT FIRST AND PRETEND LATER
From the pattern we are seeing, the judge appears to be working towards a very troubling strategy:
Conduct the trial on the repealed 2013 law which is illegal;
Block all objections so the illegality is never addressed, another illegality;
Deliver a guilty verdict; and
Later claim that the conviction is valid because similar offences exist in the 2022 law.
This would be a legal fraud.
You cannot:
try a man under one law,
convict him under another law,
and pretend it is the same thing.
That is not justice. That is manipulation.
4. THE COURT EVEN BLOCKED KANU’S FINAL ADDRESS
The judge has now gone further by refusing to allow the Defence file a final written address.
This is a basic right in every criminal trial.
It is the accused person’s last chance to explain his case before judgment.
Blocking it is a clear violation of fair hearing.
5. WHAT THIS MEANS FOR EVERY NIGERIAN
This is no longer just about Nnamdi Kanu.
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.
Today it is Kanu. Tomorrow it can be anyone.
6. OUR CALL TO THE PUBLIC
We call on:
The Nigerian Bar Association
Civil society
Human rights organisations
The media
International observers
to pay close attention to what is happening.
This trial is no longer following the rule of law. It is heading toward a predetermined outcome, and the entire world needs to know.
Conclusion
We remain committed to defending the rights of Mazi Nnamdi Kanu using lawful and peaceful means. But silence in the face of injustice is not an option.
Nigeria must not return to the dark days when court judgments were scripted, and trials were only a formality.
Justice must be real — not a performance.
Signed:
Onyedikachi Ifedi, Esq. Mazi Nnamdi Kanu Global Defence Consortium
@FederalHigh @NigerianBarz @njcNig @StateDept @FCDOGovUK @NGRSenate @UN @GunterFehlinger @KnessetENG
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