The Whistler

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. adsbygoogle || []).push({}); googlesyndication.com/pagead/js/adsbygoogle.js">

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The family argued that Kanu is being tried under a repealed law, insisting that the Terrorism (Prevention Amendment) Act 2013, which forms the basis of the prosecution, ceased to exist following the enactment of the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.

The full letter is reproduced below:

OPEN LETTER TO NIGERIAN BAR ASSOCIATION (NBA)

From the Okwu-Kanu Family
To the Nigerian Bar Association (NBA):
The NBA’s Silence Is Helping an Unlawful Court Case Against Mazi Nnamdi Kanu – And It Is Breaking Our Constitution

The Okwu-Kanu family wishes to address the Nigerian Bar Association directly and truthfully, without sugarcoating or politeness that hides the painful reality. 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 fake court case against Mazi Nnamdi Kanu to continue.

The NBA, a body created to defend the rule of law and protect the legal order, has stood by quietly while Mazi Nnamdi Kanu is being tried under a law that no longer exists, a law that was repealed by the National Assembly, and whose use in any court violates Section 36(12) of the 1999 Constitution.

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. This is not neutrality; it is aiding injustice by doing nothing. The controlling law for terrorism-related prosecutions in Nigeria today is the Terrorism Prevention and Prohibition Act 2022, NOT A REPEALED LAW, and that law makes it clear in Section 76(1)(d)(iii) that no Nigerian court can try a person for an offence allegedly committed in another country unless that foreign country also regards the alleged act as a crime. Kenya has never accused, investigated, or charged Mazi Nnamdi Kanu with any crime of any kind. In simple language, this means there is no double criminality and therefore no jurisdiction, and without jurisdiction a trial is impossible. This is basic law that any second-year law student understands, yet the NBA has behaved as if the meaning is hidden or confusing.

Even worse, the ongoing trial is anchored entirely on the repealed Terrorism (Prevention Amendment) Act 2013, a law that ceased to exist when the 2022 Act came into effect. The Constitution is very clear in Section 36(12) that no person may be tried for any criminal offence unless the law defining the offence is written and in force at the time of trial. A repealed law is not in force and cannot be used to charge anyone. This is not our personal opinion; it is the binding position of the Supreme Court in cases such as Okenwa v. Military Governor of Imo State, Akinyede v. The Appraiser, Uwaifo v. Attorney-General of Bendel State, and Aoko v. Fagbemi. These cases all affirm that a repealed criminal law is dead, wiped away, and cannot legally support a prosecution. Yet the NBA has acted as if these decisions do not exist, or as if the Constitution has suddenly become optional.

Some have tried to hide behind Section 98(3) of the 2022 Act, the so-called savings clause, but even that argument fails because the trial before Justice Omotosho is a completely fresh trial and cannot be “saved” by a clause meant to preserve proceedings that were already ongoing. Besides, no clause in any Act can override the Constitution, and Section 36(12) cannot be defeated by legislative wording. The Constitution sits above every other law, and when any law conflicts with it, the Constitution prevails. Yet the NBA continues to act as if this simple hierarchy has become too complex to remember.

We must therefore ask a difficult question: why is the NBA refusing to say what is clearly true? Has the NBA become afraid of the government? Has it lost the courage to speak? Has it forgotten that its first duty is to defend the Constitution, not to stay silent for political comfort? Has it become an organisation that watches injustice in silence instead of challenging it? The NBA cannot claim to be a guardian of justice while allowing courts to rely on dead laws and unconstitutional procedures without protest.

This silence has real consequences beyond Mazi Nnamdi Kanu. When the Bar refuses to challenge obvious illegality in a public case, it normalises abuses, empowers judges who ignore clear legal limits, leaves ordinary Nigerians helpless, and sends a message to the world that Nigerian lawyers no longer understand or defend their own laws. Many Nigerians remain in prison today because their cases were handled carelessly by lawyers who did not challenge invalid charges or defective laws. The NBA must now decide whether it wants to be an institution that protects the rule of law or one that passively watches injustice spread.

We therefore call on the NBA to publicly acknowledge that no person in Nigeria can be tried under a repealed law, to publicly affirm that double criminality under Section 76 of the 2022 Act is a mandatory condition for jurisdiction, to call out judicial misconduct where courts deliberately ignore constitutional limits, and to stop enabling public ignorance by remaining silent. If the NBA cannot defend the Constitution, then it has lost the moral authority to claim leadership of the Nigerian legal profession.

The rule of law in Nigeria is slowly dying, and the NBA’s silence is part of the reason. 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. This issue is bigger than Mazi Nnamdi Kanu. It concerns whether Nigeria remains a nation governed by valid laws or becomes a place where old, repealed and dead laws are dragged back from the grave to imprison citizens, and where courts bend to political pressure instead of obeying the Constitution. The Okwu-Kanu family calls on the NBA to rediscover its conscience, rise to its duty, defend the Constitution, and stop pretending not to see what every informed Nigerian already knows. Silence helps the wrongdoing, ignorance deepens the danger, and cowardice is itself a betrayal of justice. Only God knows how many innocent Nigerians are languishing in prisons convicted or detained under dead and repealed laws, as a result of the docility of the NBA and complicity of compromised judges.

Signed:

Prince Emmanuel Okwu Kanu

for and on behalf of the Okwu-Kanu family

Author Profile

Abdulrahman Obaje

Prince Abdulrahman Obaje is a Media, Information and Computer Technology Consultant. A quintessential Journalist, online marketer, social media strategist, Mathematician and Computer Scientist is based in Abuja, Nigeria. He is the Founder and the Publisher of The Informavores!. You can reach me on +234 805 939 5252 or send i-witness report directly to me on news@informavores.com.ng.

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By Wumi Tewogbade (rtd), Abuja

The Federal Capital Territory (FCT)Minister Nyesom Wike, on Tuesday, said he will not be intimidated or blackmailed by any military personnel from doing his job. adsbygoogle || []).push({});

Wike stated this when he went on an unscheduled visit on a plot of land that was allegedly being illegally developed in Gaduwa, Abuja.

According to the Minister, he had earlier instructed the Director Development Control, Muktir Galadima, to go and demolish an alleged illegal development ongoing in plot 1946, Gaduwa district, Abuja, owned by the former Chief of Naval staff, Vice Admiral Awaul Zubairu Gambo.

But when the staff of Development control got to the property to effect the directive of the FCT Minister, they were forcefully driven out of the property by security acting on the former Chief of Naval staff, directives.

So the Director of Development control went to report back to the FCT Minister, who immediately came to see what was going on.

Wike while speaking to journalists said, “You are aware that the land departments and the development control have been mandated to see where the illegal development is going on and land grabbing. And when this was brought to my attention, I did instruct them to make sure that nothing takes place in as much as they did not have any legal paper in terms of regional approval or even the acquisition of the land. And when they came here, I was informed that the soldiers of the former Naval Chief, chase them away and I thought probably they would be acting illegally.

“And so today while I was in the office, while they came to implement the directive that was given to them by myself, I was called that the military have taken over the place and I have to come by myself to see things for myself. It’s really unfortunate. And you heard what the officers said, he was sent by the former chief of Naval Staff”.

The FCT Minister noted that the Naval Chief, should have approached him for discussion instead of taking law into his hands, “And I don’t understand how somebody who attained that position and he said that he has a problem cannot approach my office to say, look, this is what is going on, this is what is going on. But simply because he’s a military man, he could use that to intimidate Nigerians. I’m not one of those kind of persons that will succumb to blackmail or intimidation”.

He said there is no documents to prove, the Former Chief of Naval staff is actually the owner of the property in question.

“And where are the documents. And the Director of Development Control said, look, I was here. I said bring the documents, you don’t have the documents.

“Bring the approval for building, you don’t have it. And how can we continue to allow lawlessness to prevail in this country? What about those who don’t have the military? What about those who don’t have security? It has gotten to a level where when government officials are doing, carrying out their job, you go and bring security to intimidate them. And this government official, I will not accept that”.

He said, “I’ve spoken to the Chief of Defence Staff and I’ve spoken to the Chief of Naval Staff and they have assured me that, please, they have to resolve the matter. And we’re not coming here to have a shootout with anybody to cause chaos and all. But what I can say, I would not allow it to happen.

“The way we have done and carried out our jobs in other areas is the same way it will be done here. We will not allow this illegal development, simply because he was a former Chief of Naval Staff. I would not allow that”.

Author Profile

Abdulrahman Obaje

Prince Abdulrahman Obaje is a Media, Information and Computer Technology Consultant. A quintessential Journalist, online marketer, social media strategist, Mathematician and Computer Scientist is based in Abuja, Nigeria. He is the Founder and the Publisher of The Informavores!. You can reach me on +234 805 939 5252 or send i-witness report directly to me on news@informavores.com.ng.

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By AbdulRahman Obaje

Stakeholders across Nigeria’s digital and technology ecosystem have expressed support for the proposed National Digital Economy and E-Governance Bill 2025, describing it as a vital step toward establishing a comprehensive legal framework that will strengthen digital governance, boost innovation, and accelerate socio-economic development. googlesyndication.com/pagead/js/adsbygoogle.js">

However, they urged the National Assembly to address potential overlaps between the proposed law and the mandates of existing agencies to prevent institutional conflict and regulatory burden.

The submissions were made on Monday during a Public Hearing convened by the Joint Committees of the Senate and House of Representatives on ICT, Cybersecurity, Digital and Information Technology at the National Assembly, Abuja.

Among groups that presented their position was the Network of Advocates for Digital Reporting (NADIR), which commended the Minister of Communications, Innovation and Digital Economy, and federal lawmakers for the initiative.

Presenting NADIR’s memorandum, its Legal Adviser, Barrister Yunus AbdulSalam (SAN), said the Bill represents a significant legislative intervention aimed at modernizing Nigeria’s digital governance ecosystem and regulating emerging technologies. He, however, cautioned that certain provisions appear to replicate functions already assigned to agencies such as NITDA, NCC, and NDPC.

Such duplication, he warned, could “trigger constitutional and institutional disputes, raise compliance costs, and discourage private sector participation and investment.”

He recommended that the National Assembly adopt a “consolidation and amendment approach,” extracting the Bill’s innovative elements and integrating them into the existing Act, rather than creating new regulatory overlaps.

Responding, Chairman of the Senate Committee on ICT and Cybersecurity, Senator Shuaib Afolabi Salisu, said the Bill would enhance Nigeria’s digital competitiveness, strengthen e-governance service delivery, improve transparency, and boost the ease of doing business, particularly in the ICT sector.

He noted that the digital economy currently contributes about 20 percent of Nigeria’s GDP, adding that the passage of the Bill would unlock greater opportunities for job creation, innovation, and revenue growth.

Also speaking, Chairman of the House Committee on Digital and Information Technology, Honourable Adedeji Stanley Olajide, said the engagement reflects Nigeria’s commitment to building a transparent and innovation-driven governance structure. He emphasized that collaboration among lawmakers, regulators, and industry players marked “a new phase in Nigeria’s digital transformation journey.”

Minister of Communications, Innovation and Digital Economy, Dr. Bosun Tijani, lauded the National Assembly for advancing the Bill and assured that stakeholder concerns would be considered to guarantee a balanced outcome. He said the proposed framework seeks to enable seamless data sharing across government institutions and foster stronger synergy with the private sector.

He also highlighted the Bill’s provisions on Artificial Intelligence (AI), describing AI as a strategic tool that could enhance Nigeria’s productivity and global digital competitiveness.

Director-General of NITDA, Kashifu Inuwa Abdullahi, stressed that Nigeria must adopt a modern digital legal framework to benefit from ongoing global technological shifts. He cited the application of AI in agriculture for real-time access to data on best practices, weather patterns, and input quality as an example of the potential impact on food security.

Stakeholders present at the hearing included the Nigerian Communications Commission (NCC), Nigeria Data Protection Commission (NDPC), Galaxy Backbone, Nigerian Communications Satellite Limited (NIGCOMSAT), the Nigerian Computer Society (NCS), the Office of the Head of the Civil Service of the Federation, and the Association of Licensed Telecom Operators of Nigeria (ALTON), among others.

Declaring the hearing open, the Deputy Senate Leader, Senator Oyelola Ashiru, who represented Senate President Godswill Akpabio, described the Bill as a bold step toward aligning Nigeria’s governance and economic policies with global digital realities.

The Bill, if passed into law, is expected to play a transformational role in Nigeria’s digital economy comparable to the telecommunications liberalization policy of 2001.

Author Profile

Abdulrahman Obaje

Prince Abdulrahman Obaje is a Media, Information and Computer Technology Consultant. A quintessential Journalist, online marketer, social media strategist, Mathematician and Computer Scientist is based in Abuja, Nigeria. He is the Founder and the Publisher of The Informavores!. You can reach me on +234 805 939 5252 or send i-witness report directly to me on news@informavores.com.ng.

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