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Biafra: Supreme Court ruling on Nnamdi Kanu unconstitutional – Lawyer

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Barrister Njoku Jude Njoku, one of the lawyers standing for Nnamdi Kanu, has said that a 2023 ruling of Nigeria’s Supreme Court in the Indigenous People of Biafra, IPOB leader’s case, is unconstitutional, per incuriam, and a travesty of justice.

Njoku told journalists that the apex court’s decision which overturned an earlier ruling by the Appeal Court which cleared Nnamdi Kanu of all terrorism charges and discharged him, was a wrong judgment.

Ekwutosblog reports that the Supreme Court in Federal Republic of Nigeria v. Nnamdi Kanu (SC/CR/1364/2022), had overturned the October 13, 2022 judgment of the Court of Appeal.

The Supreme Court, on December 15, 2023, reversed that decision.

In doing so, the highest court in the land pointed out that the lower court failed to determine the accused’s guilt or innocence on the merits.

The apex court also relied on a stay of execution granted by the Court of Appeal on October 28, 2022 to preserve the charges, a move that paved the way for a retrial.

Njoku, speaking on behalf of the Mazi Nnamdi Kanu Global Defence Consortium, said that the reason given by the apex court in overturning the Court of Appeal ruling was “logically absurd, constitutionally dangerous, and per incuriam—a judgment delivered in ignorance of binding precedents.”

He pointed out that the Nigerian law is clear that once a court lacks jurisdiction, its proceedings are null and void and cannot be revived.

He cited authorities such as Madukolu v. Nkemdilim (1962) 2 SCNLR 341, Abacha v. State (2002) 5 NWLR (Pt. 761) 638 and Ogbebor v. State (2002) 1 NWLR (Pt. 748) 336 in his argument.

“The Supreme Court then leaned on this contrivance to order a retrial—something both Abacha and Ogbebor expressly forbid,” he noted.

Njoku further argued that retrying Kanu violates the constitutional prohibition against double jeopardy.

“Section 36(9) prohibits retrying a person after acquittal,” he pointed out, stressing that, Once the Court of Appeal—a competent court—quashed the charges as unlawful, that discharge carried finality.

“Treating it as tentative until guilt or innocence is tested on the merits effectively abolishes the protection against double jeopardy,” he emphasised.

He also cautioned that the precedent being set by the Supreme Court was dangerous, warning, “If this logic stands, then any discharge based on lack of jurisdiction can be overturned until a trial on the merits is conducted. That reduces jurisdiction—a constitutional safeguard—into a meaningless technicality.”

The defence team also pointed to the international dimension of the case regarding the June 24 High Court of Kenya’s ruling which declared that Kanu’s abduction and transfer to Nigeria were unlawful, involving torture and breaches of both the African Charter and the International Covenant on Civil and Political Rights.

“This ruling” the lawyer noted, “reinforces the Court of Appeal’s 2022 finding that jurisdiction was divested.

“By disregarding this and insisting on a trial, Nigeria risks deeper international condemnation and potential sanctions,” Njoku warned.

The case against Kanu is currently before the Federal High Court in Abuja, where the prosecution closed its case on June 20, after calling five witnesses from the Department of State Services.

Kanu’s legal team, led by Chief Kanu Agabi (SAN), filed a no-case submission, with Justice James Omotosho expected to rule on October 10.

Njoku, however, maintained that “this entire proceeding is tainted by the Supreme Court’s per incuriam ruling and the unconstitutional stay that preserved void charges. In law, the trial is a nullity.”

Summing up his position, the lawyer declared: “The Supreme Court’s decision in FRN v. Nnamdi Kanu is a judicial error of historic proportions. By insisting that only merits-based acquittals trigger double jeopardy, the Court has contradicted its own precedents, hollowed out Section 36(9), and exposed Nigeria to ridicule before the international community.

“The Court of Appeal’s discharge of October 13, 2022 should have ended the matter. Anything beyond that is an unlawful resurrection of dead charges.”

“The ongoing trial before Justice Omotosho is unconstitutional, illegitimate, and unsustainable in law,” he added.

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PRESIDENT TINUBU’S TRIBUTE TO CENTENARIAN ALHAJI TANKO YAKASAI

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Of the noble men and women who stood firm for our liberty and freedom from repressive colonial subjugation, Alhaji Tanko Yakasai is the last man standing. Born a hundred years ago in Kano City, Alhaji Yakasai exemplifies a purposeful life, carving out a meaningful legacy despite humble beginnings.

Disturbed by the injustice and maltreatment he witnessed under colonial rule, he chose to join the fight for Nigeria’s liberation. As a young man, Baba Yakasai channelled his energy into the struggle for the emancipation of his people and the rest of the country as a freedom fighter, journalist, and frontline political activist.

His activism led him to join hands with comrades in the Northern Elements Progressive Union (NEPU), led by the visionary radical Mallam Aminu Kano. Through NEPU, Yakasai and his co-travellers launched a massive awakening campaign in Northern Nigeria, igniting the fire for the Independence struggle.

In the aftermath of Nigeria’s Independence in 1960, Yakasai maintained an abiding faith in the country and its development. He played several significant roles, including serving as State Commissioner in Kano under Military Governor Audu Bako and as Special Assistant on National Assembly Liaison to President Shehu Shagari during the Second Republic.

In both youth and old age, Yakasai remains a shining example of commitment to Nigeria. He is a consensus builder who consistently weighs in on the side of national cohesion, peaceful coexistence, and democratic consolidation.

In celebrating Baba Yakasai today, I am not only celebrating the man and his personal achievements, but also a century of dedicated service to freedom and democracy and many years of supporting me and the progressive cause.

I am pleased to join family, friends and associates to celebrate the life and commitment of Alhaji Tanko Yakasai as he turns 100 on December 5.

President Bola Ahmed Tinubu, GCFR
President and Commander-in-Chief
Federal Republic of Nigeria
December 4, 2025

 

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Boris Johnson Says He Feels “Perfectly Safe” in Nigeria, Praises Imo State’s Progress

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Former British Prime Minister Boris Johnson has expressed confidence in Nigeria’s security, saying he feels perfectly safe during his visit to the country. His remarks come amid ongoing reports of insecurity in various parts of Nigeria, making his statement a notable endorsement of the nation’s stability in certain regions.

Johnson made the declaration on Thursday, December 4, 2025, while addressing participants at the Imo State Economic Summit 2025 in Owerri, the state capital. He acknowledged having read travel advisories and news reports highlighting security concerns prior to his trip but said his experience has been reassuring.

He said he feels perfectly safe in the country and emphasized that the summit environment and local hospitality contributed to his sense of security. He also asked the audience if they felt safe, receiving an enthusiastic affirmation.

During his visit, Johnson commended Governor Hope Uzodimma and the Imo State Government for their development initiatives, particularly efforts to provide 24-hour electricity. He highlighted the potential of Nigeria as a hub for innovation and economic growth, noting the opportunities presented by emerging technologies such as artificial intelligence.

While his statements have been welcomed by some as a boost to international confidence in Nigeria, analysts caution that the former prime minister’s experience reflects only a controlled and secure environment within Imo State. Several parts of the country continue to face challenges, including banditry, communal conflicts, and kidnappings.

Nonetheless, Johnson’s visit and remarks are significant, sending a positive message to investors and global observers about Nigeria’s potential for stability and progress. They also underscore the contrast between localized experiences of safety and broader security challenges across the country.

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Dangote to Uzodimma: Just show me where to invest

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Dangote

By Emmanuel Iheaka, OWERRI

The President of Dangote Group, Aliko Dangote has assured Governor Hope Uzodimma of Imo State that his group will be one of the biggest investors in the state.

Dangote gave the assurance at the opening session of the Imo Economic Summit 2025 in Owerri on Thursday.

The renowned Africa’s industrialist urged Uzodimma to indicate his preferred area of investment and forget the rest.

Dangote described the Imo governor as a personal friend of decades and commended him for providing enabling environment for investment.

“We will be one of your biggest investors in Imo. So, please tell me the area to invest and we will invest”, Dangote declared.

He called on entrepreneurs to always invest at home, adding that foreigners cannot drive the economy of any nation more than the nationals.

“What attracts foreign investors is a domestic investor. Africa has about 30 percent of the world’s minerals. We are blessed,” he submitted.

Dangote reiterated that his refinery was set to launch 1.4 million barrels per day capacity, the highest for any single refinery in the world.

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