The detention and trial of Indigenous People of Biafra (IPOB) leader, Mazi Nnamdi Kanu, has again sparked outrage among legal experts and rights groups, who insist that his continued prosecution is unconstitutional and unsustainable.
At the forefront of the renewed calls is Comrade Gerald Katchy, National Coordinator of the Initiative Against Human Rights Abuse & Torture (INAHURAT), who accused the Federal Government of deliberately flouting court judgments and international law in Kanu’s case.
A Case Without Legal Foundation
Kanu has been in custody since his controversial rendition from Kenya in June 2021, a move condemned globally and recently declared illegal by a Kenyan High Court. In October 2022, Nigeria’s Court of Appeal discharged and acquitted him of all terrorism-related charges, but the Supreme Court reversed that judgment in December 2023, ordering a retrial.
Advocates argue that the order created a legal impossibility, since the charges had already been quashed. “Once the Court of Appeal discharged and acquitted Kanu, the case died a natural death. The Supreme Court cannot breathe life into a case that no longer exists,” Katchy said.
Three Barriers to Prosecution
Rights groups have listed multiple legal obstacles that they say permanently bar any fresh trial:
Double jeopardy under Section 36(9) of the Constitution, which prohibits retrying someone already acquitted.
Use of a repealed law, as Kanu’s charges were filed under the 2013 Terrorism Prevention Act, which was repealed in 2022.
Abuse of process, citing his extraordinary rendition, the 2017 military invasion of his home, and questionable bail revocation.
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Even Supreme Court Justice Emmanuel Agim noted in a concurring judgment that Kanu could not be guaranteed a fair trial given the circumstances of his case.
Calls for Political and Legal Resolution
Advocates are now urging the Attorney-General of the Federation to invoke his constitutional powers and discontinue the trial through a nolle prosequi.
They also appealed to the Nigerian Bar Association, civil society, and the international community to intervene, stressing that Kanu’s continued detention undermines Nigeria’s commitment to constitutional democracy.
“This is no longer a matter of law, but a political persecution that violates every known standard of justice,” Katchy said.
Rising Pressure on Government
Observers warn that Nigeria risks deepening political instability and attracting international sanctions if it persists in detaining Kanu despite multiple judicial pronouncements.
For now, however, the IPOB leader remains in custody, with his fate tied to a legal and political battle that continues to test Nigeria’s justice system and its respect for the rule of law.