Laraba MUREY
The American Veterans of Igbo Descent, AVID, has condemned the ongoing trial of the leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, describing it as a “judicial travesty” and warning that he cannot receive a fair hearing under the current circumstances.
In a statement issued on Thursday and signed by its President, Chief Dr. Sylvester Onyia, the group said the trial before Justice James Omotosho of the Federal High Court in Abuja is being conducted “without legal foundation” and in violation of both Nigerian and international legal standards.
AVID argued that the Federal Government is prosecuting Kanu under the Terrorism (Prevention) (Amendment) Act, 2013, which it said has already been repealed and replaced by the Terrorism (Prevention and Prohibition) Act, 2022.
> “Nigeria is trying Mazi Nnamdi Kanu under a dead law,” the statement said.
“Yet Justice Omotosho has refused to acknowledge this repeal. This is not an oversight; this is a constitutional failure.”
The group noted that Section 36(12) of the Nigerian Constitution clearly states that no one can be tried for an offence not stated in a valid, written law. It also referenced Section 122(2)(a) of the Evidence Act, which requires judges to take judicial notice of laws passed by the National Assembly.
“A Federal High Court cannot pretend not to know that a law has been replaced,” AVID stated.
“No judge can create jurisdiction where none exists.”
AVID further criticized the court for allegedly delaying rulings on issues of jurisdiction and double jeopardy, insisting that such matters should be resolved before a trial proceeds.
“Questions of jurisdiction are not side issues. They strike at the very root of a criminal trial,” the group said.
“Justice Omotosho’s position of ‘wait till judgment’ is against established Supreme Court precedents.”
The group also referenced the requirement of double criminality under Section 76(1)(d)(iii) of the 2022 law, arguing that the alleged offences must also be crimes in Kenya, where Kanu was reportedly abducted.
“This requirement has not been met. Yet the trial continues, without moral or legal foundation,” it added.
AVID expressed concern over what it described as “silence” from legal institutions in the country, including the Nigerian Bar Association (NBA) and the National Judicial Council (NJC).
“A nation where lawyers cannot ask, ‘Under what law is this man being tried?’ has surrendered its conscience to power,” the statement read.
The group also alleged that aspects of fair hearing guaranteed under Section 36(1) of the Constitution have been violated, including access to legal counsel and consideration of evidence before the court.
AVID called on international bodies, including the United Nations Human Rights Council, the African Commission on Human and Peoples’ Rights, and the International Criminal Court (ICC), to document what it described as ongoing judicial violations.
“If Nigeria still claims to be a democracy, it must stop this charade, restore the rule of law, and release Mazi Nnamdi Kanu unconditionally,” the group stated.
Kanu has been in the custody of the Department of State Services (DSS) since 2021 following his extrajudicial transfer from Kenya. His trial has attracted global attention and sparked ongoing debate over justice, constitutional protections and national unity.
