IPOB: Nnamdi Kanu’s Lawyer Declares S’Court Judgement Unconstitutional

One of the lead lawyers representing the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has described the Supreme Court’s December 2023 judgment in his case as unconstitutional, per incuriam, and a travesty of justice.. Read ..Full.. Article.. .

In a public notice obtained by our reporter on Sunday, Barrister Njoku Jude Njoku, speaking on behalf of the Mazi Nnamdi Kanu Global Defence Consortium, faulted the Supreme Court’s ruling in Federal Republic of Nigeria v. Nnamdi Kanu (SC/CR/1364/2022), which overturned the October 13, 2022 judgment of the Court of Appeal that discharged and quashed all terrorism charges against Kanu.

The Court of Appeal had ruled that Kanu’s extraordinary rendition from Kenya divested Nigerian courts of jurisdiction to try him.

On December 15, 2023, however, the Supreme Court reversed that decision, reasoning that because the Court of Appeal did not determine Kanu’s guilt or innocence on the merits, the order of discharge could not be regarded as an acquittal under Section 36(9) of the 1999 Constitution.

The apex court also relied on a stay of execution granted by the Court of Appeal on October 28, 2022 to preserve the charges, a move that paved the way for a retrial.

Njoku described this reasoning as “logically absurd, constitutionally dangerous, and per incuriam—a judgment delivered in ignorance of binding precedents.”

According to him, Nigerian law is clear that once a court lacks jurisdiction, its proceedings are null and void and cannot be revived.

He cited authorities such as Madukolu v. Nkemdilim (1962) 2 SCNLR 341, Abacha v. State (2002) 5 NWLR (Pt. 761) 638 and Ogbebor v. State (2002) 1 NWLR (Pt. 748) 336 in his argument.

“A discharge for want of jurisdiction is therefore the end of the matter, not a provisional holding,” he reasoned.

The lawyer also faulted the reliance on the stay of execution issued by the Court of Appeal noting, “Nigerian criminal law does not allow acquittals or discharges to be ‘stayed.’ Stays apply only in civil matters or interlocutory rulings.

“By suspending the discharge of October 13, 2022, the Court of Appeal preserved charges already quashed, and..  Read . .More —