Nnamdi Kanu Not Charged With Terrorism, Says Lawyer

A human rights lawyer, Chinomso Okezie, has dismissed claims linking the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, to terrorism, saying such assertions are false and inconsistent with the charges before the court.

Okezie, a Mazi Nnamdi Kanu Global Defence Consortium member,  said  on Sunday that contrary to widespread misinformation, the federal government has never charged Kanu with committing or participating in any terrorist act.

“The seven-count charge against Mazi Nnamdi Kanu contains no single count of committing or participating in any terrorist act under the Terrorism Prevention Amendment Act of 2013,” she said.

“He is charged only with alleged broadcasting and possession of communication equipment used for political expression, which do not amount to terrorism under Nigerian or international law.”

She recalled that the Court of Appeal, in its judgment delivered on October 13, 2022, had discharged Kanu and declared his trial a nullity because his extraordinary rendition from Kenya violated international law.

“The Court of Appeal, per Justice Jummai Hanatu Sankey, ruled that the entire process was unlawful and a breach of international conventions,” Okezie said. “That judgment remains valid because it has not been set aside.”

Okezie explained that while the Supreme Court later ruled that the manner of rendition did not deprive the trial court of jurisdiction, it did not reverse the earlier discharge.

“The apex court merely remitted the matter for continuation of trial,” she clarified. “It did not nullify the finding that his extraordinary rendition was illegal.”

The lawyer also questioned the narrative portraying Kanu as a violent agitator, insisting that no admissible evidence has been produced in court to support such a claim.

“If videos or weapons were linking him to violence, the prosecution would have tendered them after nine years and five amended charges,” she said.

“There is no single forensic video, no chain of custody, and no proof of any armed group he allegedly commanded.”

She maintained that national security should not be used as an excuse to justify prolonged detention or disobedience of court orders. “National security cannot legalise illegality,” Okezie said.

“The Supreme Court has made it clear in Marwa v. Nyako (2012) that the Constitution is supreme and any action inconsistent with it is void, no matter the motive.”

The human rights lawyer argued that Kanu’s activities fall within his constitutional rights. “Section 39 of the 1999 Constitution guarantees freedom of expression, while Article 20 of the African Charter recognises the right of peoples to self-determination,” she stated.

“Advocating for political reform or self-determination is not terrorism. It is protected speech.

She also defended the public campaign by some activists calling for Kanu’s release, describing it as a legitimate demand for justice.

“Every major democratic turning point in history began with freeing a conscience prisoner,” she said.

“Mandela’s release changed South Africa, Gandhi’s release reshaped India, and Martin Luther King’s release energised the civil rights movement. Justice for one political prisoner is justice for all.”

Okezie faulted the use of international examples of prolonged detentions to justify Kanu’s continued incarceration, saying the international community has widely condemned those cited instances.

“Guantánamo Bay, Turkey, and Kashmir are not models of justice. The United Nations and European courts have repeatedly condemned such practices as politically motivated detentions,” she said.

She described the prolonged detention of Kanu despite court orders as a threat to democracy and judicial independence.

“Obedience to court orders remains the cornerstone of democracy,” she said. “No government can claim to uphold the rule of law while selectively enforcing judgments.”

Okezie called on the federal government to comply with judicial rulings and release Kanu, emphasising that Nigeria’s credibility before the international community depends on its respect for the rule of law.

“The government must demonstrate that no citizen is above or beneath the protection of the Constitution,” she said. “The continued detention of a man discharged by a competent court undermines the nation’s commitment to justice and equality.

“The law must remain sacred,” she said. “Nigeria cannot build a stable democracy by disregarding its own courts. Justice for one is justice for all.”