‘It’s Wrong To Try Kanu On Repealed Charges, Says IPOB

The Indigenous People of Biafra (IPOB) has called on the Federal High Court sitting in Abuja to strike out the terrorism-related charges against its detained leader, Mazi Nnamdi Kanu, arguing that the charges are rooted in a repealed law and amount to a violation of constitutional protections against double jeopardy.

In a statement issued on Tuesday, IPOB’s Media and Publicity Secretary, Emma Powerful, asserted that the continued trial of Kanu is not only unlawful under Nigerian law but also unprecedented in any common law jurisdiction.

“No court in the common law world can try a case that is rooted on repealed charges or violates the principle of double jeopardy,” Emma Powerful said.

According to IPOB, the terrorism charges currently being tried before Justice Omotosho were initially brought under the Terrorism (Prevention) Amendment Act, 2013, which has since been repealed in its entirety by the Terrorism (Prevention and Prohibition) Act, 2022, which came into force on May 12, 2022.

Citing Section 97 of the 2022 Act, IPOB insisted that there is no saving clause that allows pending cases under the repealed 2013 Act to continue.

“The charges ‘remitted’ for trial were brought under the Terrorism Prevention Amendment Act 2013 – repealed in full on 12 May 2022.

“Interpretation Act 2004, Section 6(3) clearly provides that a repeal kills pending proceedings unless there is a saving clause – and in this case, none applies,” the statement noted.

IPOB also referenced several legal authorities, including the Supreme Court case of A.G. Federation v. A.G. Abia State (2002) 6 NWLR (Pt. 764) 542, where it was held that courts cannot enforce or breathe life into repealed statutes.

The group pointed to the Court of Appeal’s judgment of October 13, 2022, which discharged and acquitted Kanu, stating that the charges against him were void due to his extraordinary rendition and lack of jurisdiction.
“On 13 October 2022, the Court of Appeal discharged and acquitted Mazi Kanu – a verdict that under Section 249(1) of the Administration of Criminal Justice Act (ACJA) 2015 operates as a full acquittal,” IPOB stated.

They further invoked Section 36(9) of the 1999 Constitution, which bars retrial of a person for an offence for which they have already been acquitted.

“FRN v. Saraki (2018) 16 NWLR (Pt. 1646) 433 affirms that a jurisdictional discharge is equivalent to a final acquittal,” the statement read.

IPOB criticized the Supreme Court’s December 2023 ruling, which reversed the Court of Appeal’s verdict and ordered Kanu’s trial to resume. The group labelled the decision a miscarriage of justice.

“The Supreme Court’s reversal without curing the jurisdictional defect is nothing short of constitutional arson,” Emma Powerful declared.

The group reiterated its demand that Justice Omotosho immediately dismiss what it called “bogus” and “politically motivated” charges, arguing that the trial has no legal foundation.

“We call on Justice Omotosho to uphold the law and strike out the entire charge sheet. There is no valid law supporting this prosecution,” IPOB insisted.

‘It’s Wrong To Try Kanu On Repealed Charges, Says IPOB is first published on The Whistler Newspaper