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Kanu’s Prosecution: Nnamdi Kanu Family Charges NBA to Address Alleged Abuse of Rule of Law
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The family argued that Kanu is being tried under a repealed law, insisting that the Terrorism (Prevention Amendment) Act 2013, which forms the basis of the prosecution, ceased to exist following the enactment of the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order, has stood by quietly while Mazi Nnamdi Kanu is being tried under a law that no longer exists, a law that was repealed by the National Assembly, and whose use in any court violates Section 36(12) of the 1999 Constitution.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law for terrorism-related prosecutions in Nigeria today is the Terrorism Prevention and Prohibition Act 2022, NOT A REPEALED LAW, and that law makes it clear in Section 76(1)(d)(iii) that no Nigerian court can try a person for an offence allegedly committed in another country unless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
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Ajia: Tunji Disu’s Leadership Offers Hope for Tackling Insecurity
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The Dan Amanan Fune Emirate of Yobe State and Nwanne Ukwu Di Na Mba of Amaba-Ukwu Item in Abia State, Alhaji Ibrahim Mohammed Ajia, Ph.D, has congratulated the newly appointed Inspector-General of Police, Tunji Disu, describing his appointment as well deserved and timely for Nigeria’s security challenges. js">
Ajia also commended President Bola Ahmed Tinubu for what he called a bold and thoughtful decision in appointing a highly experienced and celebrated police officer to lead the nation’s police force.
In a statement signed by his Director of Communications, Mallam Abdulrahman Aliagan, and made available to journalists in Abuja on Monday , Ajia praised Disu’s impressive educational background, professional training and operational experience, noting that Nigeria and Nigerians are fortunate to have him at the helm of the Nigeria Police Force at this critical time.
According to Ajia, the new IGP has built a reputation for professionalism, discipline and dedication to duty, qualities he said are necessary to reposition the police and strengthen internal security across the country.
He noted that the appointment has raised renewed hope that the country can decisively confront insecurity, insurgency, kidnapping and banditry if the police leadership fully deploys its experience, training and operational capacity.
Ajia, a celebrated retired Police Officer, however, advised the new police chief to prioritise the welfare and concerns of officers and men particularly the rank and file who carry out the bulk of policing duties across the country. He stressed that listening to their “yearnings and cries” would significantly improve their morale and operational effectiveness.
He urged the new IGP to see to the end of final exit from the Pencom system to an improved police pension system . Also to address structural imbalances within the force, particularly the growing disparity between senior officers and the rank-and-file personnel who are responsible for frontline policing.
According to him, the police system must return to a proper pyramidal structure that allows for balanced growth, professionalism and efficiency.
The security expert further called for the recruitment of more rank-and-file officers to strengthen community-level policing, noting that the current structure has too many officers in higher ranks while the operational base remains understaffed. He encouraged the new police boss to ensure that recruitment becomes a real and transparent exercise rather than routine announcements.
On welfare, Ajia urged the police leadership to work towards the realignment of police salaries with those of other internal security agencies. He recalled that approval had been granted during the administration of president Goodluck Jonathan but requires only full implementation.
He also advised the new IGP to work closely with the Nigeria Police Trust Fund to ensure that projects and interventions are based strictly on the operational needs assessment of the force . According to him, the National Assembly should also strengthen the legal framework guiding the Trust Fund so that it functions purely as a professional support institution rather than a political structure.
Fune Emirate title holder emphasised that with the establishment of the Trust Fund, funding for policing in Nigeria should no longer be a major challenge if properly managed.
Speaking on insecurity, he expressed confidence that Nigeria can significantly reduce insurgency, kidnapping and banditry if the police rise fully to the responsibility of internal security. He urged Disu to deploy his experience, networks and training to confront criminality decisively.
He also recommended the establishment of a special force counter-terrorism unit within the police, stressing that the Nigeria Police already possesses a model that can be strengthened into an effective national response unit for violent crimes
Ajia concluded that Nigerians are optimistic about the future of policing under Disu’s leadership and expressed confidence that with courage, strategic reforms and commitment to officers’ welfare, the new Inspector-General of police will leave a lasting legacy in the nation’s security system.
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Rev. Fr. Barkindo of the Kukah Centres highlights 2 points to tackle insecurity, at the Ashraaf Islamic Foundation Centre Ramadan Lecture
By AbdulRahman Obaje
The Rev. Fr. Atta Barkindo, Executive Director of The Kukah Centre (TKC), and Head of Secretariat for the National Peace Committee has identified two cogent points to tackle insecurity in Nigeria. adsbygoogle || []).push({});
He revealed this during the 9th Annual Ramadan Lecture and Prayer for the Nation, presented by Ashraaf Islamic Foundation in Abuja, Nigeria.
While answering questions from journalists at the event, Rev Fr. Barkindo highlights misrepresentation of religion as the first problem.
He said, “I think for me, the first thing is to understand where is this problem coming from? Number one, we cannot keep denying that this thing has nothing to do with Islam or has nothing to do with Christianity. I think if you make this denial, you have not understand.
“If you have ten children and one of them becomes a thief, are you saying that that thief is no longer your child, is your child.”
“So, the first thing is that people are exploiting religion, they are misrepresenting religion and we need to get religious leader who understand the situation, who have the influence, the respect in order to proffer solutions and to help us to stop the exploitation and the misrepresentation of religion.
He further revealed that education is the second key element in the equation.
“And the second element for me actually is education. People are really not very educated and it is difficult for you to practice democracy in a context of illiteracy. So there has to be proper education that can offer jobs, meaningful jobs to people. And I think once people have this job they are likely going to leave atrocities and concentrate on their work.”, he continued.
While reacting to questions on why he is part of Muslim gathering, he said, “God is God, where are the human beings trying to make distinction, God has absolutely no problem.”
“The Christians are fasting, Muslims are fasting, there is nothing wrong for me to come and grow from the Islamic perspective. If I get to heaven and there is no Christianity, I have Islam, I will enter heaven; If I get to heaven and there is no Islam, I have Christianity, I will enter heaven; so, I am pretty very much okay with it.”
“My biggest interest was actually to look at the Islamic jurisprudence, either supporting or making illegitimate terrorist activities in this country. Does Islam support terrorism through jihad or does Islam prohibit terrorism and condemn jihad rather than personal effort and I think for me this is really an interesting aspect and I think this will afford the government in developing some very strong strategic policies recommendation from lectures of this nature.”
“To see how they can work with religious leaders particularly Islamic groups in supporting the justice system, the judicial processes that will hold perpetrators of atrocities accountable.”
“And at the same time, what sort of mediation, conflict resolution, reconciliation platform can communities create in their local area in order to mitigate the violence across this country.”
“We don’t have to wait for another country to come into Nigeria and tell us what is happening. We can all see for ourselves. It’s not Christians, it’s not Muslims, Nigerians are dying literally from every part of this country; in Sokoto, in Zamfara, in Katsina, in Benue, in Plateau, in Adamawa, Christians, Muslims, atheist; at the end of the day, Nigerians are dying.”
“And I think for me we should look at it from that perspective. Death is about Christians or Muslims. It is about the fact that Nigerian citizens are being killed and what can we do to stop the killing together?”.
The Ashraaf Islamic Foundation is always striving to tackle the socio-economic problem bedeviling the nation with its Annual Ramadan Lecture and Maolid Nabiyy. This year edition of the Annual Ramadan Lecture had gathered notable Nigerians focusing on the Islamic perspective on banditry and terrorism with theme “Faith & Justice, The Islamic Judicial Perspective on Terrorism, and Banditry in Nigeria.”
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- 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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Ashraaf Islamic Foundation Tackles Insecurity with 9th Annual Ramadan Lecture
By AbdulRahman Obaje
Many people, especially Nigerians were not happy when on October 31st, 2025, the United States of America led by Donald Trump had again designated Nigeria a country of particular Concern (CPC), citing severe systemic and ongoing violation of religious freedom. adsbygoogle || []).push({});
This is because Nigeria insiders know that impact of insecurity in Nigeria does not only affect a particular religion or sect or tribe or state as claimed by outsiders. The version of insecurity that Nigeria as a nation is currently experiencing has recorded significant blow to properties and loss of lives to Christians, Muslims, traditionalists and atheists alike; from the northern, southern, eastern, western and even the middle-belt parts of the country. So, concluding that a particular religion, sect or tribe is being targeted at might revealed that such does not actually understand the true nature of insecurity in Nigeria.
Notable among those that truly understand the real calculus of insecurity in Nigeria is the Founder/Chairman, Ashraaf Islamic Foundation, Imam (Dr) Sharafudeen Abdulsalam Aliagan. So, it is not surprising that the 9th edition of Ashraaf Islamic Foundation’s Annual Ramadan Lecture and Prayer for The Nation focused on assisting the government in tackling insecurity by bringing stakeholders together under one roof of discussion so as to channel a course of action for the nation.
This year Ramadan Lecture which theme is “Faith & Justice, The Islamic Judicial Perspective on Terrorism, and Banditry in Nigeria” gathered stakeholders from across the board; the judiciary, the executive and the legislative arms of government; religious leaders, politicians, business moguls among other notable Nigerians.
Those that speak with journalists among guest speakers at the event expressed enthusiasm hoping that outcome of the event will boost the fight against terrorism and banditry in no small measure.
Salisu Abubakar representing the grand cardy of the sharia court of appeal of FCT, Abuja while interacting with journalists at the event said, “the grand cardy had wanted to attend however, other engagement prevented him from doing so. And he sends his appreciation and congratulations to the organizer, Ashraaf Islamic Foundation, especially for coming up with a very timely topic on the issue of Islamic judicial perspective on terrorism and banditry in Nigeria.”
“This topic could not have come at a better time than now especially considering what the country is with lately presenting, Nigeria has been designated as a country of a particular concern by the United State of America.”, he continued.
“It is our belief that Islam has provided solution and prescription on how to fight terrorism and banditry. Allah clearly says in the Holy Quran in chapter 5, verse 33 on how bandits and terrorists should be dealt with. Incidentally and fortunately the terrorism prohibition acts in Nigeria has borrowed a leaf from most of the punishment prescribed in the Quran. So, what is left is the will to prosecute bandits and terrorists.”
“All hands must be on deck, the judiciary, the executive and the legislature to see to the end of banditry and terrorism in Nigeria.”, he charges.
“Fortunately, the organizer is able to empanel the right stakeholders to this program, the representative of Mr. president, the person of honourable minister of state for health and social welfare was here; a senator of the federal republic of Nigeria is here and the judiciary is represented by us.”
“So, all the three arms of government are here and we hope that this program will come up with solutions on how to implement the laws that we already have; both in the Quran and the Nigeria constitution and other relevant legislation
Also, a security expert and politician, Dr. Muhammad Ibrahim Ajia commending the organizer of the Annual Ramadan Lecture event while emphasizing its importance to the modern-day challenges bedeviling us as a nation said, “I must say to you that this Ramadan Lecture is a very unique one, the topic borders about typical issue that is confronting our nation.”
“The guest lecturers and all the speakers are looking at the perspective on how to assist the country in tackling the problems of insurgence, kidnapping and all sort of senseless killing that is going on across Nigeria. And from here today, we are going to deduce that if you go back to faith, if you go back to Islamic perspective on dealing with high level of crime, I can tell you the society will be free of such heinous crimes.”
While proffering solutions to the insecurity, Rev. Fr. Atta Barkindo, Executive Director of the Kukah Centre (TKC), and Head of Secretariat for the national Peace Committee highlights two cogent points as a take-home if we must get it right about the insecurity.
Fr. Barkindo said, “I think for me, the first thing is to understand where is this problem coming from? Number one, we cannot keep denying that this thing has nothing to do with Islam or has nothing to do with Christianity. I think if you make this denial, you have not understand.
“if you have ten children and one of them becomes a thief, are you saying that that thief is no longer your child, is your child.”
“So, the first thing is that people are exploiting religion, they are misrepresenting religion and we need to get religious leader who understand the situation, who have the influence, the respect in order to proffer solutions and to help us to stop the exploitation and the misrepresentation of religion.
“And the second element for me actually is education. People are really not very educated and it is difficult for you to practice democracy in a context of illiteracy. So there has to be proper education that can offer jobs, meaningful jobs to people. And I think once people have this job, they are likely going to leave atrocities and concentrate on their work.”
All hands must be on deck so as to see to the end of banditry and terrorism in Nigeria.
Imam Aliagan, the visionary founder of Ashraaf Islamic Foundation, has continuously worked towards educating and awakening the consciousness of Muslims and non-Muslims alike on topical issues of national concern. For years, his efforts have been showcased during the Annual celebration of his Foundation’s Maolid Nabiyy and Special Ramadan lectures and prayers.
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