The family of the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has accused the Nigerian Bar Association (NBA) of maintaining what it described as a troubling silence over alleged constitutional and legal violations in his ongoing trial.
An open letter addressed to the NBA and signed by Prince Emmanuel Okwu-Kanu on behalf of the Okwu-Kanu family claimed that the association’s inaction has “helped sustain an unlawful court case” against Kanu.
“The hard truth is that the NBA has failed in its duty, and its silence in the face of clear constitutional violations has allowed an unlawful and invalid court case against Mazi Nnamdi Kanu to continue,” the letter stated.
The family argued that Kanu is being tried under a repealed law, insisting that the Terrorism (Prevention Amendment) Act 2013, which forms the basis of the prosecution, ceased to exist following the enactment of the Terrorism Prevention and Prohibition Act 2022.
According to the letter, Section 36(12) of the Constitution prohibits the trial of any person for a criminal offence unless the law defining the offence is written and in force at the time of trial.
“No person may be tried under a repealed law. This is the clear position of the Constitution,” the family wrote.
“Yet the NBA has acted as if the constitutional provision has become optional.”
The family also challenged the jurisdiction of the Federal High Court to hear the case, arguing that Section 76 of the 2022 Terrorism Act requires double criminality for offences allegedly committed outside Nigeria.
“Kenya has never accused, investigated, or charged Mazi Nnamdi Kanu with any crime,” the letter noted.
“In simple language, this means there is no double criminality and therefore no jurisdiction, and without jurisdiction a trial is impossible.”
The letter expressed concern that the NBA had not issued any public clarification, legal commentary, or educational guidance regarding the alleged use of a repealed law.
“Throughout this period, the NBA has spoken no word, taken no action, and made no attempt to educate the public or correct the dangerous misunderstanding surrounding this trial,” the family said. “This is not neutrality; it is aiding injustice by doing nothing.”
Responding to arguments that the 2022 Act’s savings clause could preserve the ongoing case, the family said the clause was inapplicable.
“The trial before Justice Omotosho is a completely fresh trial and cannot be saved by any clause meant for ongoing proceedings,” the letter stated. “Besides, no clause in any Act can override the Constitution.”
The family urged the NBA to take an active stand, stressing that its silence could have wider consequences for Nigeria’s justice system.
“When the Bar refuses to challenge obvious illegality in a public case, it normalises abuses and leaves ordinary Nigerians helpless,” the family warned.
“The NBA must decide whether it will protect the rule of law or passively watch injustice spread.”
They called on the association to publicly affirm that no person can be prosecuted under a repealed law, clarify the jurisdictional requirements for cross-border offences, and speak out where constitutional provisions appear to be ignored.
“The rule of law in Nigeria is slowly weakening, and the NBA’s silence is part of the reason,” the letter added.
“If the NBA refuses to act now, history will remember it as the body that watched the Constitution being violated and chose to do nothing,” the letter said.
