The family of Nnamdi Kanu has warned that the continued trial of the detained IPOB leader under a repealed law threatens the country’s legal order. They said the Nigerian Bar Association has kept a worrying silence, even as the case drifts outside the boundaries set by the constitution.
In a letter signed by Prince Emmanuel Kanu on behalf of the Okwu-Kanu family, they said the NBA’s silence gives legitimacy to a process that violates Section 36(12) of the 1999 Constitution, which states that no Nigerian can be tried for an offence not defined in an existing law.
They argued that the Terrorism Prevention and Prohibition Act 2022 is the only valid law for such trials, and it requires double criminality under Section 76 — a standard they say has not been met.
In their letter, they claimed that “the NBA has failed in its duty, and its silence in the face of clear constitutional violations has allowed an unlawful and fake court case against Mazi Nnamdi Kanu to continue.”
They insisted that no part of Kenyan law criminalises anything linked to Kanu, meaning the jurisdiction the Federal Government claims does not exist, saying, “this is basic law that any second-year law student understands; yet the NBA has behaved as if the meaning is hidden or confusing.”
The family also wants the association to publicly affirm that Kanu cannot be tried under a repealed law and to call out what they describe as persistent judicial misconduct.
They asked the NBA to correct public misunderstanding by explaining that the 2011 terrorism law used in previous filings has been replaced.
The 2022 Act, along with its jurisdiction standards, is publicly available on the websites of the National Assembly and the Federal Ministry of Justice.
NBA’s Role In a Constitutional Dispute
The family said the association has a duty to defend the constitution as the nation’s foremost legal body. They argued that ignoring repealed laws is foundational to fair trials and that silence creates space for abuse.
It reminded the NBA that its mandate includes ensuring that courts do not exceed constitutional limits.
“The NBA, a body created to defend the rule of law and protect the legal order, has stood by quietly while Mazi Nnamdi Kanu is being tried under a law that no longer exists,” the letter said.
They claimed that Kenya never accused Kanu of committing any crime. Without double criminality, they said, no Nigerian court can assume jurisdiction.
Lawyers’ familiar with extradition law agree that double criminality is a universal requirement in modern justice systems.
The family also asked the NBA to issue a public statement acknowledging the limits imposed by Section 36(12) and Section 76 of the 2022 Act and not to allow politics or fear to guide silence over what they consider a basic legal breach.
They warned that continued silence risks misleading the nation and weakening its constitutional safeguards. The letter also argued that the public deserves clarity, not confusion, on whether the charge against Kanu legally exists.
They insisted on transparency, saying the law must not be applied retroactively or selectively. They concluded that the NBA has a responsibility to defend justice, not to stand aside while a citizen is tried under a repealed law.
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