Connect with us

Politics

Legal Experts Tear Apart Nnamdi Kanu Ruling, List 10 Major Flaws That Could Nullify the Judgment on Appeal

Legal and constitutional experts have raised alarm over Justice James Omotosho’s ruling on IPOB leader Nnamdi Kanu, describing it as riddled with jurisdictional errors, constitutional breaches.

Published

on

Court Denies Nnamdi Kanu Bail
Nnamdi Kanu in Court
  • Legal and constitutional experts have raised alarm over Justice James Omotosho’s ruling on IPOB leader Nnamdi Kanu, describing it as riddled with jurisdictional errors, constitutional breaches, and procedural irregularities—faults they say make the judgment too defective to stand on appeal.

Legal analysts and constitutional experts are raising serious concerns over the recent judgment delivered by Justice James Omotosho of the Federal High Court, Abuja, in the case involving detained IPOB leader, Mazi Nnamdi Kanu.

A detailed review of the ruling reveals multiple procedural lapses and constitutional violations that, according to experts, severely undermine the validity of the judgment.

Below is a simplified breakdown of the key issues highlighted:

1. Failure to Decide Jurisdiction Before Proceeding

Kanu’s legal team challenged the court’s jurisdiction—a mandatory legal hurdle in criminal proceedings. Instead of addressing it, Justice Omotosho proceeded with the case.
Legal experts stress that any trial conducted without resolving jurisdiction is null and void, rendering the entire process defective.

VN62

2. Directing Objections to a Final Address, Then Blocking It

The judge instructed the defence to include all objections—including jurisdictional issues—in the final written address.
However, when the time came:

  • The court blocked the filing of final addresses
  • Judgment was delivered without hearing the objections

This, analysts say, constitutes a clear breach of fair hearing.

3. No Written Rulings on Key Applications

Several defence motions were filed before judgment, including those relating to:

Advertisement
  • Illegal rendition
  • Abuse of court process
  • Double criminality
  • Repealed statutes
  • Defective charges

Justice Omotosho issued no written rulings on any of these applications. Experts note that judges are legally required to provide written decisions—failure to do so is a fatal procedural error.

4. Forcing Kanu to Plead Under a Repealed Law

Although the judge acknowledged that the Terrorism Prevention Act 2013 had been repealed, he still compelled Kanu to plead to charges framed under it.
Legal scholars maintain that a repealed law cannot sustain a criminal charge, making the proceedings invalid.

DON’T MISS: BREAKING: Nnamdi Kanu Sentenced to Life Imprisonment

5. Violating Section 36(12) of the Constitution

The Constitution states:

No one may be convicted of an offence not clearly defined in an existing written law.

Advertisement

Analysts say the judge relied on:

  • Allegations not contained in the charge
  • Claims unsupported by evidence
  • Accusations not made by any witness

One example is the claim that Kanu plotted to bomb foreign embassies during EndSARS—an allegation never mentioned by the prosecution.

VN62

6. Elevating a “Savings Clause” Above the Constitution

The court leaned on a savings clause in the new Terrorism Act that allows old cases to continue.
Experts argue:

  • A savings clause cannot override the Constitution
  • A repealed law remains repealed
  • No one may be tried under an expired law

This interpretation, they say, contradicts legal hierarchy.

7. Ignoring the Mandatory “Double Criminality” Test

Since the government alleged Kanu committed crimes in Kenya, Nigerian law requires proof that the alleged acts are also crimes in Kenya.
No such evidence—police reports, witnesses, or documentation—was presented.
Analysts say the court avoided this necessary test altogether.

8. Denial of Fair Hearing Makes the Judgment Void

Blocking final addresses, ignoring objections, and failing to rule on motions all amount to denial of fair hearing.
Under Nigerian law, any ruling reached under such circumstances is automatically void.

9. Introducing Claims With No Evidence

Experts describe as “alarming” the judge’s introduction of claims—such as plans to bomb foreign embassies—that:

Advertisement
  • Were not charged
  • Had no witnesses
  • Were not in any prosecution filings
  • Had no investigative backing

They say this violates judicial ethics and raises concerns about impartiality.

10. Conclusion: Experts Say the Judgment Cannot Survive Appeal

Based on the documented flaws—jurisdictional errors, constitutional violations, reliance on repealed laws, and introduction of extraneous claims—legal experts say the judgment is unlikely to withstand appellate review.
They also warn that the ruling raises broader concerns about judicial accountability and constitutional safeguards in politically sensitive cases.

WhatsApp

Stay ahead with VerseNews. Get the latest breaking news, insightful analysis, and trending stories. Your go-to source for timely updates and unbiased reporting.

Advertisement

WATCH: Nigeria Newspaper Headline Today

Apply For Latest Job Openings

Trending

maxresdefault 3 maxresdefault 3
News4 days ago

[JUST IN]: US-Based Igbo Groups Hail Enugu Monarch For Confronting Tinubu, Demand Kanu’s Release (Full Details)

US-based Igbo advocacy groups have praised an Enugu monarch for openly confronting President Bola Tinubu.

gaming gaming
News4 days ago

Lagos Begins 5% Withholding Tax on Gaming Winnings

The Lagos State Government has commenced a 5% withholding tax deduction on gaming winnings.

ezgif 606f4cb933138d6e ezgif 606f4cb933138d6e
Entertainment4 days ago

Ogun Police to Arrest, Prosecute TikTok User Mirabel Over Alleged False Rape Claim

The Ogun State Police Command has concluded plans to arrest and prosecute a TikTok user, Mirabel, after she allegedly admitted...

kanu kanu
News4 days ago

AVID Condemns Killing of Ondo Monarch, Demands Kanu’s Release and Security Reforms

The American Veterans of Igbo Descent (AVID) has condemned the killing of Oba Kehinde Falodun in Ondo State.

Nigeria teleoms Nigeria teleoms
News6 days ago

Telcos Challenge Senate to Tell Nigerians the Truth, Insist Country Has Capacity for Real-Time Transmission

Telecom operators, including MTN, Airtel, Globacom and T2 Mobile, have rejected the Senate’s claims of inadequate infrastructure.

gym instructor gym instructor
Entertainment6 days ago

Drama at Fitness Centre as Man Arrests Gym Instructor for Impregnating His Daughter (Video)

Tension erupted at a fitness centre after a man arrived with police officers to arrest a gym instructor accused of...

WhatsApp ipob WhatsApp ipob
News6 days ago

IPOB Slams Tinubu’s Aide Over Kanu Conviction Comparison, Insists ‘Biafra Restoration Is Unstoppable’

The Indigenous People of Biafra has faulted comments credited to a presidential aide comparing Nnamdi Kanu’s terrorism conviction with Sunday...

mirabel mirabel
Entertainment6 days ago

‘I Took Snipper, Felt Completely Overwhelmed’ – Mirabel Narrates How She Was Allegedly Raped in Her Apartment, Releases Suspect’s Messages (Video)

A Nigerian woman identified as Mirabel has sparked nationwide reactions after sharing an emotional video alleging she was raped in...

trumpppp trumpppp
News1 week ago

US Slaps Terror, Cyber Sanctions on Nigerians, Freezes their Assets (Full List)

The United States has sanctioned more than 20 Nigerians and several organisations over alleged ties to terrorism and cybercrime,

Toke Makinwa Toke Makinwa
Entertainment1 week ago

‘Why I Stopped Paying Tithes to Churches’ – Toke Makinwa (Video)

Media personality Toke Makinwa says she no longer pays tithes to churches, choosing instead to support individuals, hospitals, and maternity...

Advertisement