A United Kingdom–based human rights lawyer, Jude Njoku Jude, has accused Justice James Omotosho of the Federal High Court in Abuja of grossly mishandling the trial of Indigenous People of Biafra (IPOB) leader, Mazi Nnamdi Kanu. In a detailed statement, Jude described the proceedings as marred by multiple legal errors and violations of both domestic and international law.
Jude claimed that Kanu was convicted under the Terrorism Prevention (Amendment) Act 2013, which had been repealed by the Terrorism Prevention and Prohibition Act 2022, in violation of Section 36(12) of the Constitution, which forbids convictions unless the offence is defined by a law in force at the time of trial. He further alleged that Kanu repeatedly asked the court to “show me the law,” which Justice Omotosho ignored.
The lawyer argued that the conviction lacked jurisdiction and is therefore void from the outset. He also contended that a retrial is barred because the prosecution acted under a repealed law. Jude highlighted what he described as judicial contradictions, noting that Justice Omotosho initially acknowledged the illegality of convicting under a repealed law but proceeded with the conviction, which he said violates the doctrine of judicial estoppel.
Jude further criticized the court for failing to properly determine its jurisdiction before proceeding with the trial, citing the precedent set in Madukolu v. Nkemdilim. He also raised concerns about Kanu’s abduction from Kenya, arguing that Nigerian courts cannot benefit from an illegal rendition and that international law and the African Charter prohibit arbitrary arrests and transfers.
Additionally, the lawyer questioned the court’s authority to try Kanu for alleged broadcasts made in the UK, noting that the prosecution did not demonstrate that the broadcasts were received in Nigeria or that they were criminal under UK law, as required for extraterritorial offences under Nigerian law.
Jude outlined at least 17 major legal failings in the trial, describing it as a “punitive theatre” and insisting that acquittal is mandatory. He said his legal team is preparing challenges aimed at overturning Kanu’s conviction, emphasizing a commitment to ensuring judicial accountability and the rule of law.
The statement has reignited debate over Kanu’s trial, particularly regarding the legality of his rendition and the adherence of Nigerian courts to constitutional and international legal standards.
