Judul : Kanu Seeks Supreme Court to Overturn 'Justice-Destroying' Ruling
link : Kanu Seeks Supreme Court to Overturn 'Justice-Destroying' Ruling
Kanu Seeks Supreme Court to Overturn 'Justice-Destroying' Ruling
The detained head of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has gone back to the Supreme Court to contest what his lawyers refer to as a "decision that undermined justice" — a verdict they claim was based on an outdated law to continue his prosecution even though a conclusive Court of Appeal ruling had cleared him of all accusations.
In a press release shared with reporters in Abuja yesterday, Njoku Jude, who is Kanu's lawyer, stated that the highest court's ruling on December 15, 2023, handed down by a five-judge panel headed by Justice Garba Lawal, represented a "deliberate attack on constitutional fairness."
As per the statement, "What occurred that morning was not a judicial mistake. It was a deliberate judicial action aimed at keeping Mazi Nnamdi Kanu in continuous detention, even though a binding Court of Appeal ruling had cleared him of all charges."
Njoku additionally claimed that the Supreme Court intentionally "revived a law that had already been abolished" — the Terrorism (Prevention) (Amendment) Act 2013 — which had been canceled by the Terrorism (Prevention and Prohibition) Act 2022 over a year prior to the ruling.
"The Supreme Court didn't just ignore the repeal — it actively falsely claimed a dead law was still in effect," he stated.
This was not a lack of knowledge. It was deliberate deception leading to oppressive outcomes.
The attorney claimed that the highest court's decision constituted a mistake in jurisdiction, stating, "a law that has been repealed is a legal corpse that cannot be brought back to life, enforced, or used to establish criminal responsibility."
He stated: "The Supreme Court is aware of this principle. It has overturned decisions from lower courts for much less serious mistakes. However, in Kanu's case, the Court adopted two conflicting legal perspectives within a single ruling — acknowledging that a repealed law cannot support a charge, yet still sending the same repealed-law charge to trial. This inconsistency invalidates the judgment from the beginning."
Njoku stated that "no principle of finality can protect a void decision," emphasizing that the Supreme Court has an intrinsic authority to rectify its own records when a ruling is based on illegality.
The statement also alleged that the top court breached Section 122 of the Evidence Act 2011, which requires all courts to acknowledge repealed or recently passed laws.
The Court did not simply 'overlook' the repeal," Njoku stated. "It breached a required legal obligation to recognize it. A decision made without awareness of a binding law — per incuriam — is not shielded by finality.
He argued that the Supreme Court had previously dismissed its own per incuriam rulings, cautioning that not doing so in Kanu's case "would indicate institutional prejudice."
Njoku further stated that the December 2023 ruling essentially removed Kanu's constitutional safeguard from double jeopardy as outlined in Section 36(9) of the 1999 Constitution.
The Court of Appeal had released Kanu, which activated this constitutional protection," he stated. "However, the Supreme Court took away this basic right and sent him back to confront the same charges. This was not legal reasoning. It was legal retribution.
He stated that if the ruling remains in effect, "outdated laws could be brought back to charge individuals, the principle of double jeopardy would be undermined, and courts would turn into partners in governmental retaliation."
Njoku stated that the new case in front of the Supreme Court is "not only concerning Mazi Nnamdi Kanu, but also about safeguarding all Nigerians from potential judicial excesses in the future."
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Tagged: Nigeria, Governance, Legal and Judicial Affairs, West Africa
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