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The Initiative Against Human Rights Abuse and Torture (INAHURAT) has called for the immediate and unconditional release of the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, describing his ongoing trial as “an unlawful persecution, not a prosecution.”
In a statement signed by its National Coordinator, Comrade Gerald Katchy, on Monday, the group argued that the Supreme Court’s December 2023 decision to order a retrial was delivered without jurisdiction because the charges against Kanu had been legally extinguished 14 months earlier by the Court of Appeal.
“The trial of Mazi Nnamdi Kanu is a travesty. The Supreme Court attempted to revive a case that was already dead in law. This is not only a jurisdictional catastrophe but also a deliberate act of persecution,” Katchy said.
INAHURAT recalled that on October 13, 2022, the Court of Appeal discharged and acquitted Kanu on the grounds that his extraordinary rendition from Kenya was unlawful and violated his fundamental rights.
“From that moment, there was no criminal charge pending against Nnamdi Kanu in any Nigerian court. He was, in the eyes of the law, an innocent man,” the group stressed, citing the precedent in Salu v. Egeibon (1994) which bars retrial after an acquittal.
Although the government secured a stay of execution on Kanu’s release, the group explained that the stay did not affect the substantive acquittal.
“For 14 months, from October 2022 to December 2023, the case was a legal ghost — a shell without substance. The Supreme Court therefore ruled on a nullity,” the statement read.
INAHURAT further argued that retrying Kanu would violate Section 36(9) of the Constitution, which prohibits trying a person twice for the same offence.
“The Court of Appeal is a court of competent jurisdiction. Its acquittal triggered the constitutional shield of double jeopardy. Any attempt at retrial is a brazen violation of the supreme law of the land,” Katchy maintained.
The group also faulted the reliance on the repealed Terrorism Prevention (Amendment) Act 2013.
“That law was repealed in May 2022 by the Terrorism (Prevention and Prohibition) Act 2022. You cannot prosecute anyone under a law that no longer exists. It is like putting something on nothing,” the group declared.
Beyond the legal void, INAHURAT said the entire process is irredeemably tainted by illegality, citing Kanu’s extraordinary rendition, the military invasion of his home in Abia State, and persistent bias in court proceedings.
“Justice Emmanuel Agim of the Supreme Court himself admitted that these actions made it impossible for Kanu to be tried fairly. Under the doctrine of the ‘fruit of the poisonous tree,’ all proceedings are null and void,” the statement noted.
The group issued a strong appeal to Nigerian authorities and the international community.
“We call on the Attorney-General of the Federation to immediately file a nolle prosequi and terminate this nullity. The Federal High Court should dismiss the charges suo motu, and the Nigerian Bar Association must defend the integrity of our legal system,” INAHURAT demanded.
It also urged international human rights bodies and diplomatic missions to recognize Kanu as a victim of extraordinary rendition and political persecution.
“The only constitutional, lawful, and just outcome is the immediate and unconditional release of Mazi Nnamdi Kanu. Anything less is an affront to the rule of law and Nigeria’s constitutional order,” the group added.
THE WHISTLER reports that Justice Musa Liman of the Federal High Court (FHC) in Abuja, on Monday, sent back to the chief judge (CJ), a motion filed by Nnamdi Kanu for reassignment.
Kanu, in the motion ex-parte, is seeking an order of the court transferring him to Abuja National Hospital for urgent medical attention.
Justice Liman, in a short ruling, made the order transferring the case file back to the CJ, following an application by Kanu’s counsel, Uchenna Njoku, SAN, considering the fact that the annual vacation of the court would be ending on Monday (today).
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