By Njoku Jude Njoku, Esq.
For the Mazi Nnamdi Kanu Global Defence Consortium (GDC)
The Department of State Services (DSS) and their paid online agents have lately intensified a new propaganda campaign. Their tired slogan?
“Why are you protesting when Kanu’s case is still in court?”
Let the truth be stated clearly: Nnamdi Kanu’s case is not in court — it is buried.
And every serious lawyer, judge, or citizen who still respects the Constitution knows this.
Below are the legal and moral foundations for that fact.
1. The Doctrine of Finality — The Madukolu & Abacha Precedents
Anyone still insisting that the case is “ongoing” simply hasn’t read the law.
The Supreme Court in Madukolu v. Nkemdilim (1962) laid down an unshakable rule: when a court lacks jurisdiction, every step taken afterward becomes a nullity.
That principle was affirmed again in Abacha v. State (2002) — once an appellate court discharges an accused on jurisdictional grounds, no other court, not even the Supreme Court, can reopen the matter.
This is what lawyers call the Doctrine of Finality — and it is not open to negotiation.
When the Court of Appeal discharged and acquitted Nnamdi Kanu on October 13, 2022, that was the lawful end of the case. From that day, there was no valid proceeding left to continue.
Any attempt to revive it now amounts to judicial necromancy — trying to raise the dead.
2. Double Jeopardy — The Constitution’s Absolute Shield
Section 36(9) of the 1999 Constitution of the Federal Republic of Nigeria states in the clearest possible terms:
“No person who has been tried and either convicted or acquitted shall again be tried for the same offence.”
This provision is the constitutional firewall protecting every citizen from state persecution. Once discharged, you cannot be retried.
Therefore, any fresh trial or proceeding against Nnamdi Kanu is not just unconstitutional — it is a direct insult to the Nigerian Constitution.
The Supreme Court is not superior to the Constitution. It is bound by it. Those pretending otherwise are undermining the very foundation of Nigerian law.
3. A Repealed Law Cannot Be Revived
The Federal Government continues to rely on the Terrorism Prevention Act of 2013 to justify its actions.
But that law ceased to exist in 2022, when it was repealed and replaced by a new legal framework.
To prosecute anyone under a repealed law is to act outside legality itself. You cannot apply a dead law to a living citizen.
Sadly, some judges — including Justice James Omotosho — have allowed themselves to be used in this absurd performance of “legal theatre,” pretending to try a case that no longer exists under any valid statute.
4. The International Dimension — The Kenya Abduction
Beyond domestic law lies an international crime.
Kanu was not extradited from Kenya — he was kidnapped. Under international law and the principle of double criminality, no person can be tried in one country for an act that is not a crime in the country where they were taken from.
Kenya did not approve Kanu’s rendition. That makes the entire process illegal.
This is precisely why the ECOWAS Court case is so crucial. Its verdict will not only vindicate Kanu but also expose Nigeria’s breach of international conventions and human rights norms before the global community.
5. Sowore’s Stand — Conscience Against Cowardice
Activist Omoyele Sowore understands what many pretend not to: that this case is both a legal and moral disaster.
His call for peaceful protest is rooted in knowledge, not recklessness.
Public conscience has always been the final line of defence when institutions fail. That is what the DSS fears most — a united, informed citizenry demanding that the law be obeyed.
The more they pay online hirelings to insult him, the clearer it becomes that truth and courage are winning.
6. Justice Omotosho’s Dilemma
Justice James Omotosho knows the truth: he is sitting over a dead case.
Kanu’s presence in his courtroom is not an act of obedience; it is a gesture of respect for the judiciary as an institution. But respect is not the same as submission to illegality.
If the judge chooses honour, he will tell the Federal Government plainly that the case has no life left in law. Continuing the charade will only further tarnish the judiciary’s already fragile reputation.
7. The Real Criminals
The real lawbreakers are not the ones in DSS detention.
They are the ones manipulating the legal process in broad daylight — ignoring final judgments, violating constitutional provisions, and misusing repealed laws to persecute political targets.
They have turned the courts into political tools, while the Constitution gathers dust in the background.
These are the true enemies of justice — not Nnamdi Kanu, not Sowore, and certainly not the Nigerian people.
8. History Has Delivered Its Verdict
Let this truth echo from Abuja to Awka, from the courts to the streets:
Nnamdi Kanu’s case is dead — and it will remain dead.
- Madukolu v. Nkemdilim dug the grave.
- Abacha v. State sealed the tomb.
- Section 36(9) locked it permanently.
No propaganda, no secret tribunal, and no politically motivated judge can resurrect what the law has already buried.
SIGNED:
Njoku Jude Njoku, Esq.
For Mazi Nnamdi Kanu Global Defence Consortium (GDC)
#FreeMaziNnamdiKanuNow
#SupportSowore
