‘Prosecuting Nnamdi Kanu Under Terrorism Act is Procedurally Flawed, Untenable’

A human rights lawyer, Barr Christopher Chidera, has stated that any attempt to prosecute the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, under the Terrorism Prevention (Amendment) Act 2013, is legally untenable, procedurally flawed, and morally bankrupt.

The lawyer called on President Tinubu’s administration to swiftly initiate peaceful negotiations for a resolution before midnight on Thursday, 20 March 2025, or face the consequences of exposing high-profile corruption, systemic failure, and injustice within Nigeria’s judicial system.

In a statement made available to journalists over the weekend in Abuja, Barr. Chidera noted that Nnamdi Kanu’s case stands as a glaring testament to the fragility of Nigeria’s legal and judicial framework when confronted with the unyielding pursuit of justice and self-determination.

He pointed out that the section of the Terrorism Prevention (Amendment) Act 2013 on which the prosecution relies is no longer a valid law in force in Nigeria.

The lawyer further argued that any attempt to proceed under a repealed statute defies the ancient doctrine of stare decisis, which anchors the certainty and cohesion of justice in common law jurisdictions.

“Nigeria’s courts lack the substantive jurisdiction to try Kanu under a legal relic, and any attempt to do so constitutes a direct assault on his constitutional rights to a fair hearing and protection from retroactive punishment.

“The prosecution’s feeble reliance on Section 98(3) of the TPPA 2022—claiming continuity of proceedings—collapses under scrutiny. A de novo trial is a fresh proceeding, not an extension of a defunct case.

“The government’s legal acrobatics cannot mask this fundamental truth: the procedural jurisdiction to prosecute Kanu under the 2013 Act evaporated with its repeal. To persist is to invite ridicule and condemnation from Nigerian citizens and the international community.”

Chidera also referenced reports that Kanu will assume his defence on 21 March 2025, calling it a seismic shift in the ongoing saga.

He noted that Kanu, having already secured Justice Binta Nyako’s recusal and the intervention of the Chief Justice of Nigeria, has demonstrated his determination to challenge what he perceives as a biased judicial system.

“Should he represent himself, the prosecution will face a formidable adversary armed not only with legal acumen but with the moral weight of a cause that resonates with millions.

“Kanu’s self-representation will ignite legal fireworks, exposing the dirty underbelly of Nigeria’s judiciary—its inconsistencies, biases, and susceptibility to political manipulation. The government’s ability to control the narrative will crumble as Kanu commands both the courtroom and the court of public opinion.”

Chidera described the case as “the most consequential in Nigeria’s history,” warning that the judiciary’s credibility will be tested under unprecedented global scrutiny.

“Ordinary Nigerians, captivated by this drama, await the unravelling of legal arguments and the revelation of which laws the prosecution will twist to sustain its faltering case. Yet, the truth is inescapable: Nigeria cannot win. Convicting Kanu is a legal impossibility and a political miscalculation of historic proportions. His detention, his suffering, and his endurance for the Biafran cause have galvanised a movement that cannot be criminalised or intimidated into silence.”

He further called on the Tinubu administration to abandon the planned prosecution and seek an amicable resolution with Nnamdi Kanu before midnight on 20 March 2025 or face the exposure of corruption and decay within the Nigerian justice system.

“Political dissent cannot be extinguished by force, and the Biafran struggle will not be subdued by crackdowns or detention without trial. Kanu’s resolve is unshakable, and his platform on 21 March will amplify a truth the government cannot suppress: Nigeria’s judiciary lacks the authority and legitimacy to try him,” he added.