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Kanu Trial Invalid — Global Defence Consortium Claims Jurisdiction Gap Nullified Case
Mazi Nnamdi Kanu Global Defence Consortium has declared that the ongoing prosecution of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, is legally void, citing an eight-day “jurisdictional vacuum” following his acquittal by the Court of Appeal in 2022.....KINDLY READ THE FULL STORY HERE▶
According to the group, the gap in jurisdiction that occurred after the appellate court discharged and acquitted Kanu effectively nullified any further trial by the Nigerian government. The consortium argued that once the court ruled in Kanu’s favor, the government lost legal authority over the case until a stay of execution was properly entered — an action that reportedly came days later.
In a statement released Monday, the consortium emphasized that the delay created a “complete absence of legal jurisdiction” during that period, rendering any subsequent proceedings unlawful.
“For eight days after the Court of Appeal judgment, there was no lawful authority to detain or prosecute Nnamdi Kanu,” the statement read. “This jurisdictional vacuum means any steps taken by the government after that ruling stand on invalid ground.”
The defence consortium, made up of international legal experts and human rights advocates, reiterated its commitment to ensuring that the Nigerian government complies with both domestic and international legal standards in Kanu’s case.
It also warned that continued detention of the IPOB leader constitutes a violation of the court’s judgment and international human rights conventions to which Nigeria is a signatory.
Background of the Case
Nnamdi Kanu, leader of the separatist Indigenous People of Biafra, has been in detention since his arrest in Kenya and extradition to Nigeria in 2021. He faces charges related to terrorism, treasonable felony, and incitement, all of which he denies.
In October 2022, the Court of Appeal in Abuja discharged and acquitted Kanu, ruling that his extraordinary rendition from Kenya was illegal and that the trial court lacked jurisdiction to continue his prosecution. However, the federal government swiftly appealed the decision and obtained a stay of execution eight days later, effectively allowing the case to continue.
The Global Defence Consortium maintains that the delay between the appellate ruling and the government’s stay application broke the chain of legal jurisdiction.
Call for Compliance and Release
The group called on the Nigerian authorities to respect the Court of Appeal’s ruling and immediately release Kanu, saying failure to do so undermines Nigeria’s justice system and international reputation.
“Rule of law is the foundation of democracy,” the statement added. “The Nigerian government cannot claim to uphold justice while disregarding a valid court decision.”
Legal observers say the argument over the jurisdictional gap could shape the next phase of Kanu’s long-running legal battle, which has sparked tension in parts of southeastern Nigeria.
Human rights organizations, including Amnesty International, have previously raised concerns about Kanu’s continued detention despite multiple court orders.
The consortium concluded by urging international bodies such as the United Nations and the African Union to intervene and ensure that due process is followed.
“This is not just about Nnamdi Kanu,” the group said. “It is about protecting the integrity of Nigeria’s justice system and upholding the rule of law.”
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