Rights Group Challenges Legality of Kanu’s Trial, Says Charges Based on Repealed Laws

The Justice Rights Group has raised concerns over the ongoing trial of the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, questioning the legality of the charges against him on the grounds that they are anchored on repealed laws.

In a statement on Tuesday signed by its Lead Coordinator, Anayochukwu Alozie, the group alleged that six of the charges were drawn from the Terrorism (Prevention and Amendment) Act, 2013 (TPAA 2013), while another was based on the Customs and Excise Management Act (CEMA).

“The TPAA 2013 was expressly repealed by Section 96 of the Terrorism (Prevention and Prohibition) Act, 2022,” Alozie said. “Once a law is repealed, it becomes dead and of no effect. No Nigerian should be prosecuted under such statutes.”

The group pointed to Section 122 of the Evidence Act, 2011, which requires courts to take judicial notice of all existing laws and their repeal. It also referenced decided cases such as NNPC v. Fawehinmi (1998), where the Court held that failure to acknowledge a repealed statute invalidates proceedings.

Quoting another precedent, Aboyeji v. Momoh (1994), the group emphasized that “a repealed law cannot be the foundation of any criminal prosecution,” insisting that to do otherwise amounts to a breach of due process.

According to Alozie, this principle is not peculiar to Nigeria. “From the United States in Bouie v. City of Columbia to the United Kingdom in Waddington v. Miah, and even in South Africa, Kenya, and before the European Court of Human Rights, the doctrine is universal: no trial can proceed on repealed laws,” he said.

The group posed what it described as “questions Nigerians must demand answers to,” asking: “How can the Supreme Court and Justice Omotosho justify prosecuting Kanu under repealed statutes? Why are binding precedents being ignored? And why is constitutional supremacy being disregarded?”

Alozie warned that the implications extend beyond Kanu. “If this continues, it sets a dangerous precedent where any Nigerian could be tried under a dead law. This is not only a threat to Kanu’s liberty but also to the constitutional rights of all citizens,” he stated.

The group concluded by demanding accountability from the judiciary, warning that the matter has “grave consequences for the rule of law and democracy.”

It would be recalled that the Supreme Court, on December 15, 2023, in appeal SC/CR/1364/2022, dismissed Kanu’s arguments challenging the validity of the charges, while Justice James Omotosho of the Federal High Court, Abuja, rejected his no-case submission on September 26, 2025.