Kanu’s Continued Trial Eroding Judiciary’s Integrity, Says Defence Team

By our Correspondent

The legal team of the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has warned that the ongoing trial of their client is damaging the credibility of Nigeria’s judiciary and weakening public confidence in the justice system.

In a statement issued on Thursday, October 9, 2025, and signed by Njoku Jude Njoku, Esq., for the Mazi Nnamdi Kanu Global Defence Consortium, the defence maintained that the proceedings before Justice James Omotosho of the Federal High Court, Abuja, violate constitutional provisions and judicial ethics.

Njoku described what transpired in court on October 8, 2025, as “a national embarrassment and a tragic commentary on the state of the Nigerian judiciary,” noting that the adjournment of the case due to the absence of a medical report from the Nigerian Medical Association (NMA) was unwarranted. “The absence of the report was not the real reason for the adjournment,” he said. “It reflects a recurring pattern of delays that erode confidence in due process and the rule of law.”

He further argued that Kanu’s continued prosecution under the Terrorism (Prevention) Act 2011 and its 2013 Amendment is unlawful since both laws were repealed by the Terrorism (Prevention and Prohibition) Act (TPPA) of 2022. “The Nigerian Constitution is clear,” Njoku stated. “No one can be tried under a law that no longer exists. Section 36(12) of the 1999 Constitution (as amended) makes that point explicit.”

According to him, under Section 122(2)(a) of the Evidence Act 2011, courts are bound to take judicial notice of both existing and repealed laws, and any trial conducted under a repealed law is invalid. “The court must ensure justice is dispensed according to the law as it currently stands, not as it once was,” he added.

Citing judicial precedents such as Ariori v. Elemo (1983) and Obiuweubi v. CBN (2011), Njoku emphasized that when a law is repealed, any ongoing action based on it collapses unless preserved by a saving clause — which, he said, does not exist in this case. “Continuing this trial under a repealed law is inconsistent with constitutional justice,” he insisted.

The defence also raised concerns over what it described as institutional failures that foster disregard for court orders and due process. Njoku warned that every day the case lingers “is another day the judiciary loses its moral authority before the public,” stressing that the courts must not appear to reward disobedience or yield to external influence in politically sensitive cases.

He urged the judiciary to uphold its constitutional mandate and safeguard its independence. “The judiciary’s integrity is tested not by ordinary cases but by those that demand courage,” he said. “When courts allow technicalities or external pressures to shape their actions, justice suffers.”

The Mazi Nnamdi Kanu Global Defence Consortium reaffirmed its stance that the ongoing trial is a nullity and called for its immediate discontinuation. It also urged the court to obey the Court of Appeal’s judgment of October 13, 2022, which, according to the defence, remains valid and binding.

“The continued detention of Mazi Nnamdi Kanu contradicts constitutional provisions and established judicial precedents,” Njoku said. “Nigeria stands at a crossroads — between adherence to the rule of law and the decline of constitutional governance. The judiciary must choose justice, for history will remember those who stood on the side of truth.”