PUBLIC STATEMENT ON ONYENDU MAZI NNAMDI KANU’S UPCOMING TRIAL AND THE LEGAL ISSUES AT STAKE
Fellow Nigerians,
We understand that the upcoming trial of Onyendu Mazi Nnamdi Kanu, scheduled to begin on 21 March 2025 in Abuja, has raised many questions and concerns. As this case is of great public interest, we believe it is important to break down the key legal issues in simple terms so that everyone can understand what is at stake.
1. What is the Case About?
Mazi Nnamdi Kanu, the leader of the great and noble family of the Indigenous People of Biafra (IPOB), is being tried on charges related to terrorism- they have abandoned treason and treasonable felony after many years of maligning our leader and peddling worthless charges all because they want to cripple his legitimate right to agitate for Biafra. The fact remains that the way he was brought back to Nigeria – through kidnapping and state sponsored international banditry – has raised serious legal questions. The Supreme Court judgement that nullified the sound judgement of the Appeal Court that discharged him and referred the matter back to the high court, is now dead on arrival. This case is restarting from scratch (de Novo), which means all previous proceedings are set aside, and the trial will begin anew.
2. Key Issues Simplified:
a. Can Nigeria Prosecute Onyendu for Terrorism After Breaking International Laws?
Nigeria’s Terrorism (Prevention and Prohibition) Act (TPPA) 2022 defines terrorism as acts committed to further an ideology (political, religious, racial, or ethnic) that violate international treaties.
The abduction of Onyendu, an act described as criminal by the Nigeria’s apex court, violated several international treaties Nigeria has signed. This raises the question: Can a government that breaks its own laws and international obligations fairly prosecute someone for terrorism?
b. Nigeria’s Promise to Respect International Laws:
Section 19(d) of the Nigerian Constitution requires the government to respect international laws and treaties. By abducting the IPOB Leader, Mazi Nnamdi Kanu, the government of Nigeria have broken these laws as confirmed by the Supreme Court, which weakens Nigeria’s moral and legal standing in this case.
c. Can Old Laws Be Used to Charge Mazi Nnamdi Kanu?
The TPPA 2022 replaced an older law, the TPPA 2013. The new law allows the government to continue using the old law for cases that started before the change. However, since this case is restarting from scratch, courts have ruled that old laws cannot be used for new cases. This means the government will not be able to rely on the old law to charge him.
d. What Does “Starting Afresh” Mean?
Starting de Novo means the case is beginning anew, as if the previous trial never happened. This makes it harder for the government to use old laws or past actions to justify new charges. This means that he can no longer be charged under the old law which is the Terrorism Prevention Amendment Act (TPAA) 2013.
3. Why This Matters to All Nigerians:
This case is not just about Onyendu Mazi Nnamdi Kanu; it is about the rule of law and the integrity of Nigeria’s justice system. If the government can break its own laws and international treaties, it sets a dangerous precedent for how citizens are treated. A fair and transparent trial is essential to uphold justice and maintain public trust in the legal system.
4. Our Call to Action:
We urge the international community to prevail upon the Nigerian government to:
1. Ensure that Mazi Nnamdi Kanu’s trial is conducted in the open and is seen to be fair and transparent, in line with the laws of Nigeria and especially it’s Constitution and international laws.
2. Avoid using outdated laws to prosecute him, as this would be against legal principles and a violation of the Constitution of Nigeria.
3. Uphold the rule of law and respect for human rights, which are the foundation of any democratic society.
The trial of Mazi Nnamdi Kanu is a test of Nigeria’s commitment to justice and the rule of law. We call on all nations and peoples of the world to pay attention to this case and demand a process that is fair, transparent, and respectful of the municipal laws and international obligations.
Together, we can ensure that justice is not only done but seen to be done.
Signed:
Rev Tony Uzo Anthony
International President of the Concerned Igbo Ministers Commission
March 17, 2025.