A member of the legal team representing Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), Onyedikachi Ifedi, has reiterated calls for his immediate release, stating that his continued detention lacks legal foundation.
In a statement titled “The real theatre is in Abuja, not IPOB”, Ifedi criticised the Federal Government’s handling of Kanu’s case and argued that his arrest and repatriation from Kenya in June 2021 violated both Nigerian and international legal procedures.
Citing the landmark ruling by the Court of Appeal in the case FRN v. Kanu (CA/ABJ/CR/625/2022) delivered on 13 October 2022.
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Ifedi emphasised that the court held Kanu’s rendition as illegal, which in turn affected the jurisdiction of the court to try him.
“The Court of Appeal made a binding pronouncement on the illegality of the rendition. Once jurisdiction is affected, the proper legal order should be a release,” Ifedi asserted.
He further contended that the Terrorism Prevention (Amendment) Act 2013, under which Kanu is being tried, has been repealed by the Terrorism Prevention and Prohibition Act 2022. According to him, “any charge predicated on a repealed law cannot stand,” thereby rendering the continued trial void.
Quoting judicial precedents, Ifedi stated that the government has not provided any evidence of acts of violence directly attributable to Kanu. Rather, the charges largely relate to his public statements and broadcasts.
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He also underscored that any appellate discharge of Kanu effectively amounts to an acquittal, warning that any move to reopen the case could violate constitutional protections against double jeopardy.
“The government must adhere to the rule of law. The continued detention of Mr Kanu undermines both national and international legal standards,” Ifedi said.
He concluded by calling on the Federal Government to release Kanu in the interest of justice, peace, and national reconciliation.