Renowned human rights lawyer, Barrister Christopher Chidera, has strongly criticized the Nigerian government's decision to restart the prosecution of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), from scratch (de novo).
Chidera described any attempt to prosecute Kanu under the Terrorism Prevention (Amendment) Act 2013 as legally indefensible, procedurally improper, and morally unjustifiable. He urged President Tinubu’s administration to engage in peaceful negotiations before midnight on Thursday, 20 March 2025, warning that failure to do so could expose high-profile corruption, systemic failures, and injustices within Nigeria’s judicial system.
In a statement released over the weekend in Abuja, Chidera highlighted that Nnamdi Kanu’s case exposes critical vulnerabilities in Nigeria’s legal and judicial systems. He emphasized that the section of the Terrorism Prevention (Amendment) Act 2013 being relied upon for prosecution is no longer active law in Nigeria.
“The attempt to prosecute Kanu under a repealed statute is a blatant violation of the principle of stare decisis, which ensures consistency and integrity in the judicial system,” Chidera stated.
He further argued that “Nigeria’s courts lack the substantive jurisdiction to try Kanu under a legal relic. Any such attempt is a direct assault on his constitutional rights to a fair hearing and protection from retroactive punishment.”
Chidera dismissed the prosecution’s reliance on Section 98(3) of the TPPA 2022, which they claim allows continuity of proceedings.
According to him, “A de novo trial is a fresh proceeding, not an extension of a defunct case. The government’s legal acrobatics cannot mask this fundamental truth: the procedural jurisdiction to prosecute Kanu under the 2013 Act evaporated with its repeal. To persist is to invite ridicule and condemnation from both Nigerian citizens and the international community.”
Reports indicate that Nnamdi Kanu will represent himself in court on 21 March 2025, a move that could mark a defining moment in his legal battle. By successfully prompting the recusal of Justice Binta Nyako, despite institutional resistance, and securing the involvement of the Chief Justice of Nigeria, Kanu has demonstrated his ability to challenge what he perceives as a prejudiced judicial system.
If he proceeds with self-representation, the prosecution will face a formidable adversary armed not only with legal expertise but also with the moral authority of a cause that resonates with millions.
“Kanu’s self-representation will ignite legal fireworks, exposing the inconsistencies, biases, and political manipulation within Nigeria’s judiciary. The government’s grip on the narrative will weaken as Kanu commands both the courtroom and the court of public opinion.”
Chidera warned that this is no ordinary case—it is the most consequential legal battle in Nigeria’s history, with the judiciary’s credibility at stake under global scrutiny.
He said, “Nigeria cannot win this case. Convicting Kanu is legally impossible and politically reckless. His detention has galvanized a movement that cannot be silenced.”
Chidera’s statement urged the government to halt the planned prosecution and pursue a peaceful resolution before 20 March 2025, warning that failure to do so could expose deep-rooted corruption and systemic decay in the judiciary.
“Political dissent cannot be crushed by force. The Biafran struggle will not be subdued by crackdowns or indefinite detention. Kanu’s resolve is unshakable, and on 21 March, he will amplify a truth the government cannot suppress: Nigeria’s judiciary lacks the authority and legitimacy to try him,” he concluded.
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