Sh*cking Revelation: Why Nnamdi Kanu Is Still Behind Bars – Lawyer Breaks Silence

Njoku Jude Njoku, a member of the international legal team representing Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has attributed Kanu’s prolonged detention to critical legal blunders by his former defense counsel and alleged overreach by the Nigerian Federal Government.

In a statement released Thursday in Abuja, Njoku alleged that the government capitalized on procedural errors to keep Kanu in custody, despite a Court of Appeal ruling in 2022 that discharged him of all charges.

Referencing the October 13, 2022 judgment, Njoku said, “That ruling should have settled the case. Failing to enforce it was a monumental mistake.”

He criticized the Federal Government for invoking Order 6 Rule 1 of the Court of Appeal Rules—a civil procedure—to challenge Kanu’s criminal discharge. Njoku argued that this amounted to a misuse of legal process, as civil rules do not apply to criminal cases.

“This was a gross legal miscalculation. That rule applies strictly to civil matters. Using it in a criminal appeal was invalid. Unfortunately, Ozekhome’s legal team went along with it, reopening a case that was legally closed,” Njoku said.

He also faulted the Supreme Court for entertaining the appeal, despite the appellate court’s declaration that Nigeria lacked jurisdiction over Kanu’s case due to his unlawful extradition from Kenya.

“A discharge for lack of jurisdiction is effectively an acquittal,” Njoku said, citing the Supreme Court decision in FRN v. Osahon (2006).

Njoku further questioned the continued use of the Terrorism Prevention Act (TPA) 2013 to prosecute Kanu, even though the law was repealed and replaced by the Terrorism (Prevention and Prohibition) Act of 2022—the same year the charges were filed.

“You cannot legally revive a terminated proceeding,” he said, pointing to Section 6(1)(c) of the Interpretation Act 1964. He emphasized that the continuation clause in Section 108(2) of the new Act doesn’t apply since the Court of Appeal had already dismissed Kanu’s case.

Expressing concern for Kanu’s current legal team, Njoku said they inherited a deeply flawed case with limited options. He urged IPOB supporters to stay united and vigilant.

“Our real fight is against the abuse of civil procedures in criminal trials, reliance on repealed laws, the silence of international powers, and the dangerous precedent of allowing executive powers to trump constitutional rights,” he said.

Despite the setbacks, Njoku voiced hope, citing the involvement of top legal experts like Kanu Agabi (SAN) and the case now being heard by Justice Omotosho.

“With such experienced hands on board, there’s a real chance to reaffirm constitutional protections and finally secure the release of a man who, by law, has already been discharged,” Njoku concluded.