Nigeria’s judiciary is standing trial in the case of Mazi Nnamdi Kanu, by Onyedika Ifedi
The Global Defence Consortium of Mazi Nnamdi Kanu notes with grave concern the continuing collapse of constitutional safeguards in the ongoing proceedings before the Federal High Court, Abuja, and the broader conduct of Nigeria’s appellate courts in this matter.
For more than four years, the courts have tolerated or actively participated in a chain of procedural and constitutional violations that would be unthinkable in any functioning common-law jurisdiction:
Unconstitutional Remand:
Mazi Kanu was remanded in June 2021 without the presence of counsel, contrary to sections 35 and 36(6)(c) of the Constitution and settled authorities such as Udoh v. State (1988) 3 NWLR (Pt 82) 316. No Nigerian citizen may be deprived of liberty without representation and hearing.
Perverse Appellate Reasoning:
The Court of Appeal’s criminal discharge was overturned by Justice Tsammani through civil-procedure devices never meant for criminal trials—a direct affront to the doctrine of finality of appellate discharge, the Administration of Criminal Justice Act 2015 and to the constitutional separation of jurisdictions.
Revival of a Repealed Law
The Supreme Court’s decision of 15 December 2023 authored by Justice Lawal Garba unlawfully remitted Mazi Kanu for trial under the repealed Terrorism (Prevention) Amendment Act 2013, ignoring section 122(2)(a) of the Evidence Act (judicial notice of repeals) and section 6 of the Interpretation Act, which extinguishes criminal liability once a law is repealed without a saving clause. No court—certainly not the apex court—has constitutional power to resurrect a dead statute.
Referral to a Biased Tribunal
Even after Justice Emmanuel Agim JSC found that Justice Binta Nyako’s conduct had rendered her impartiality “suspect,” the same judge was re-empanelled, violating Madukolu v. Nkemdilim (1962) 2 SCNLR 341 and the fundamental requirement of an independent tribunal.
Use of Questionable Witnesses
The current proceedings before Justice James Omotosho have allowed the testimony of persons purporting to be DSS officers whose identities remain unverified, one of whom admitted never meeting Mazi Kanu before. This travesty offends sections 135–137 of the Evidence Act and corrodes public faith in due process.
Judicial Evasion of Constitutional Duty
The repeated refusal to take judicial notice of the repeal of the 2013 Act as mandated by law and to apply the governing Terrorism Prevention and Prohibition Act 2022 betrays a conscious disregard of the supremacy of the Constitution and the principle that no citizen may be tried except in accordance with written law in force at the time of trial.
A Judiciary on Trial
When courts substitute expediency for legality, they cease to be courts of law and become instruments of political convenience. The Nigerian judiciary must understand that its legitimacy is not a divine right but a daily referendum by the people it serves. The handling of Mazi Nnamdi Kanu’s case has placed that legitimacy in jeopardy.
Our Demands Are Simple:
*An immediate judicial review or recall of all proceedings conducted under the repealed TPAA 2013
*A full investigation by the National Judicial Council into the conduct of Justices and judges who ignored binding constitutional provisions
*Public clarification by the Nigerian Bar Association on whether it condones the resurrection of repealed statutes and remand without counsel in a constitutional democracy
*Verification by the DSS of every witness presented in this case, to restore a modicum of integrity to the evidentiary record.
Conclusion
The defence consortium reaffirms its commitment to lawful advocacy, but it will not remain silent while the constitutional order is dismantled in open court. The treatment of Mazi Nnamdi Kanu is no longer the trial of one man; it has become the trial of Nigeria’s justice system before the conscience of the world.
Onyedikachi Ifedi, Esq.
For Mazi Nnamdi Kanu Global Defence Consortium in
Abuja | London | Washington DC | Nairobi | The Hague
