We, American Veterans of Igbo Descent (AVID), Ambassadors For Self-Determination and Rising Sun Founsation- all based in the United States, issue this statement to alert the international community, Nigerian public, the legal fraternity, and all institutions committed to democratic governance that two grave procedural breaches occurred in the recent judgment delivered by Justice Omotosho in the case involving Mazi Nnamdi Kanu. These breaches undermine the very pillars of fair hearing, constitutional order, and the integrity of the Nigerian justice system.
- Reliance on a Struck-Out Charge to Secure a Conviction
During the early stages of the case, the court struck out eight (8) counts, including Count 14, which alleged that Mazi Nnamdi Kanu incited the destruction of public property during the EndSARS protests.
A struck-out count ceases to exist in the eyes of the law. It cannot be relied upon, revisited, or used to form the basis of any conviction.
Yet, in the final judgment, Justice Omotosho explicitly referenced the lie that destruction of public property (Lagos Airport) took place during the EndSARS protests, as a reason for convicting Mazi Kanu. This is a fundamental legal error because:
No defendant may be convicted on an allegation not properly before the court.
The Constitution guarantees a defendant’s right to know the precise charges he must defend.
Importing facts from a struck-out count violates the principles of criminal justice and constitutes a miscarriage of justice.
A conviction built on an allegation that legally no longer exists is inherently unsafe.
- Denial of the Right to File a Final Written Address
Equally troubling is that Justice Omotosho denied the defence the opportunity to file a final written address—a right the Supreme Court consistently affirms as “a vital component of fair hearing.”
Throughout proceedings, the judge repeatedly instructed the defence to raise its objections to the defective charge in the final written address.
However, when the time came to file that address, the court foreclosed the defence and immediately proceeded to deliver judgment.
This action:
Violates Section 36 of the Constitution, which guarantees the right to be heard.
Contradicts long-standing appellate decisions that any judgment delivered after denying a party the right to address the court is a nullity.
Creates an appearance of predetermined outcome, undermining the public’s trust in judicial neutrality.
Denying a defendant the right to address the court is not a minor procedural slip; it is a fatal error.
- The Public Must Examine the Records Themselves
We urge Nigerians, legal experts, civil society organisations, and members of the press to take the time to carefully review the publicly available Certified True Copies (CTCs) of the court transcripts and proceedings. These documents speak for themselves.
Anyone who reads the record will see how, step by step, Justice Omotosho’s handling of the case departed from established legal procedure, sidelined constitutional safeguards, and ultimately undermined justice and the rule of law.
Transparency demands that the public examine the record firsthand.
Conclusion: Restoring Confidence in the Judiciary
The two core infractions—
relying on a struck-out charge, and
denying the right to a final written address—
amount to a systematic breakdown of due process.
No justice system can sustain public confidence if courts convict citizens based on charges that no longer exist, or silence defendants at the very moment the law guarantees them a voice.
For the sake of justice, constitutional order, and Nigeria’s democratic credibility, these issues must not be ignored. They demand scrutiny, accountability, and urgent corrective action.
Signed:
AVID…..Dr Sylvester Onyia
Ambassadors For Self-Determination…..President Benson Nwankwo
Rising Sun Foundation…..Mazi Maxwell Dede
