Abuja, Nigeria – Human rights advocates and legal experts have raised fresh concerns over the ongoing trial of Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), describing the proceedings as unconstitutional and fatally flawed.
The criticism follows renewed advocacy led by Comrade Gerald Katchy, National Coordinator of the Initiative Against Human Rights Abuse & Torture (INAHURAT), who insists that the case against Kanu has collapsed in law and that his continued detention amounts to persecution rather than prosecution.
Kanu has been in detention since his extraordinary rendition from Kenya in 2021, an act the Kenyan High Court declared illegal in June 2025. Despite a 2022 judgment by Nigeria’s Court of Appeal which discharged and acquitted him of all charges, the Supreme Court in December 2023 controversially ordered a retrial, sending the case back to the Federal High Court.
Fatal Jurisdictional Error
According to INAHURAT, the Supreme Court’s directive created what legal scholars describe as a “jurisdictional void.” The Court of Appeal’s ruling, they argue, fully extinguished the charges, leaving nothing for the Federal High Court to retry.
“You cannot put something on nothing and expect it to stand,” Comrade Katchy quoted a famous legal maxim, adding that the retrial order was “a clear miscarriage of justice.”
Barriers to Fair Trial
Advocates further point to three legal obstacles that make Kanu’s continued trial untenable:
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Double Jeopardy: Section 36(9) of the Nigerian Constitution prohibits anyone acquitted of an offence from being retried for the same charges.
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Repealed Law: The charges were filed under the 2013 Terrorism Prevention Act, which was repealed in May 2022 and replaced with a new statute. By law, repealed legislation cannot sustain prosecution.
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Abuse of Process: Kanu’s rendition from Kenya, the 2017 military invasion of his home, and the circumstances of his bail revocation are cited as violations that undermine any possibility of a fair trial. Justice Emmanuel Agim of the Supreme Court himself acknowledged in a concurring judgment that Kanu could not be guaranteed a fair hearing under such conditions.
Calls for Action
The advocacy group has urged the Attorney-General of the Federation to file a nolle prosequi to formally end the case and release Kanu unconditionally.
They also called on the Nigerian Bar Association, civil society organizations, and the international community to speak out, warning that Nigeria risks violating both its own constitution and international human rights obligations.
“This is not a case of law but of politics disguised as prosecution,” Katchy declared. “The only lawful and just outcome is the immediate release of Nnamdi Kanu.”
International Spotlight
The case continues to attract international attention, with human rights observers stressing that Nigeria could face diplomatic and legal consequences if it ignores constitutional and treaty obligations.
For now, Kanu remains in custody as the legal tussle drags on, but pressure is mounting on the Federal Government to resolve the matter in line with constitutional safeguards and global human rights standards.
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