September 11, 2025 – The legal team of detained IPOB leader, Mazi Nnamdi Kanu, has described the Supreme Court’s December 15, 2023 judgment in FRN v. Nnamdi Kanu as a catastrophic failure of judicial duty, warning that it undermines Nigeria’s Constitution and emboldens state impunity.
In a statement issued by Onyedikachi Ifedi, Esq., for the Mazi Nnamdi Kanu Global Defence Consortium, the lawyers faulted the apex court’s decision to allow Kanu’s trial to continue despite evidence that he was abducted and illegally rendered from Kenya in 2021.
Supreme Court Accused of Ignoring Settled Law
The consortium argued that the Court’s ruling was delivered per incuriam (in ignorance of binding precedent), noting that Nigerian jurisprudence is clear that any violation of the rules of natural justice renders subsequent proceedings void.
They cited Ariori v. Elemo (1983) and Adigun v. A.G. Oyo State (1987), where the Supreme Court itself held that denial of fair hearing and breaches of due process nullify entire proceedings. Sections 36 of the Constitution and Articles 6 & 7 of the African Charter, which guarantee fair hearing as a non-derogable right, were also said to have been ignored.
“Not a Technicality, But Nullity”
Rejecting the Federal Government’s claim that Kanu’s abduction was a “technical issue,” the lawyers stressed that the principle of nullity not technicality applies.
“You cannot build a legitimate trial on an illegitimate foundation,” the statement read. “What happened to Mazi Kanu was an international crime involving kidnapping, torture, and bypass of extradition treaties. Any trial built on such an act is void.”
Kenyan Court Confirmation
The defence also pointed to the June 24, 2025 ruling of the High Court of Kenya, which independently confirmed that Kanu was abducted, tortured, and denied due process. This, they argued, corroborated the Nigerian Court of Appeal’s 2022 decision that declared the rendition unlawful.
“Both Nigerian and Kenyan courts have established the facts. For the Supreme Court to ignore them and still insist on trial is a grave miscarriage of justice,” the consortium warned.
Dangerous Precedent
According to the statement, the judgment sets a precedent that threatens every Nigerian citizen:
- The state can abduct critics from abroad without legal process.
- Fundamental rights can be violated and later treated as compensable.
- The judiciary signals that the executive is above the law.
Call for Review
The consortium urged the Nigerian Bar Association, civil society, and the international community to speak out against the ruling.
“The only way forward is for the Supreme Court to review and overturn its decision, declare the proceedings a nullity, and order Kanu’s release. Anything less destroys public confidence in the Constitution and in Nigeria’s democracy.”
