The legal team representing Mazi Nnamdi Kanu has raised fresh objections to the ongoing trial of the Indigenous People of Biafra, (IPOB), leader, insisting that the proceedings lack legal merit and contravene both Nigerian and international laws.
In a statement signed by Onyekachi Ifedi, Esq., on behalf of IPOB’s Directorate of Legal Affairs and Global Public Communication, the group argued that the current trial, being held before Justice Omotosho at the Federal High Court in Abuja, is fatally flawed by procedural and jurisdictional infractions that, in their view, render it unconstitutional.
According to the statement, Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act, 2022 stipulates that a person may not be tried for a terrorism-related offense unless such an offense has been evaluated and recognized in the country from which the individual was extradited.
The IPOB legal team asserts that no such legal process occurred in Kenya prior to Kanu’s transfer to Nigeria, thereby questioning the jurisdiction of any Nigerian court to hear the case.
The team also invoked the Principle of Specialty, a doctrine in international law which limits prosecution to charges explicitly stated in a lawful extradition request.
They maintained that Kanu was not formally extradited from Kenya, and alleged that his transfer to Nigeria did not follow due process under international legal frameworks.
Additionally, the IPOB counsel cited Section 45 of the Federal High Court Act, which states that terrorism-related cases should be tried in the jurisdiction where the alleged offense occurred or where its consequences were felt.
The group contended that the acts attributed to Kanu took place outside Nigeria, notably in the United Kingdom and Kenya, challenging the choice of Abuja as the venue for the trial.
While reiterating their respect for the judiciary, the statement emphasized that Kanu’s presence in court should not be construed as acceptance of the court’s jurisdiction or legitimacy of the charges.
The group called on the Nigerian government to end what they described as a legally unsustainable process.
The statement concluded with a call for the federal government to reconsider its position and halt the trial, warning that the case could have broader consequences in the arena of international law and public opinion.
Mazi Nnamdi Kanu is currently facing charges related to terrorism, incitement, and other allegations brought by the federal government.
His arrest and trial have drawn significant local and international attention, particularly regarding the legal circumstances surrounding his return to Nigeria.
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