The Initiative Against Human Rights Abuse and Torture (INAHURAT) has called for the prompt and unconditional liberation of Mazi Nnamdi Kanu, the detained leader of the banned Indigenous People of Biafra (IPOB). The organization condemned his ongoing legal proceedings as “an illegitimate persecution rather than a genuine prosecution.”
In a declaration issued on Monday in Abuja and endorsed by its National Coordinator, Comrade Gerald Katchy, INAHURAT criticized the Supreme Court’s December 2023 ruling that mandated a retrial, asserting that the court overstepped its jurisdictional authority.
“The case against Mazi Nnamdi Kanu represents a miscarriage of justice. The Supreme Court’s attempt to resurrect a legally concluded matter is not only a jurisdictional error but a calculated act of harassment,” Katchy emphasized.
INAHURAT referenced the October 13, 2022, Court of Appeal decision which acquitted and discharged Kanu, citing that his extraordinary rendition from Kenya was unlawful and infringed upon his fundamental rights.
“Following that verdict, no criminal charges remained pending against Nnamdi Kanu in any Nigerian court. Legally, he was deemed innocent,” the group asserted, invoking the legal principle established in Salu v. Egeibon (1994), which prohibits retrial after acquittal.
Despite the federal government obtaining a stay of execution on Kanu’s release, INAHURAT maintained that this did not negate the substantive acquittal.
“For over a year-from October 2022 until December 2023-the case existed only as a legal phantom, devoid of any real substance. The Supreme Court’s ruling was therefore rendered void,” the statement explained.
The organization further argued that subjecting Kanu to a new trial would constitute double jeopardy, contravening Section 36(9) of the Nigerian Constitution.
“The Court of Appeal is a competent judicial authority. Its acquittal activated the constitutional protection against double jeopardy. Any retrial attempt flagrantly violates the supreme law of the land,” Katchy stated.
INAHURAT also challenged the legitimacy of the charges, highlighting that they were based on the now-repealed Terrorism Prevention (Amendment) Act 2013.
“This legislation was repealed in May 2022 by the Terrorism (Prevention and Prohibition) Act 2022. Prosecuting someone under a defunct law is legally baseless-akin to building on quicksand,” the group declared.
Beyond legal technicalities, INAHURAT accused the government of undermining the entire judicial process through unlawful measures, including Kanu’s extraordinary rendition, the military raid on his residence in Abia State, and ongoing partiality during court proceedings.
“Justice Emmanuel Agim of the Supreme Court acknowledged that these actions compromised the fairness of Kanu’s trial. According to the ‘fruit of the poisonous tree’ doctrine, all related proceedings are invalid,” the statement added.
INAHURAT urged the Attorney-General of the Federation to enter a nolle prosequi to formally end what it described as a baseless case. It also called on the Federal High Court to dismiss the charges on its own motion and appealed to the Nigerian Bar Association to uphold the integrity of the judiciary.
The organization appealed to international human rights organizations and diplomatic missions to recognize Kanu as a victim of extraordinary rendition and political victimization.
“The only lawful, constitutional, and just resolution is the immediate and unconditional release of Mazi Nnamdi Kanu. Anything less undermines the rule of law and Nigeria’s constitutional framework,” INAHURAT concluded.
