Connect with us

News

SHOW ME THE LAW: Omotosho’s Illegal U-Turn on the Repealed Road That Doomed the Conviction

A fresh legal briefing by lawyer Onyedikachi Ifedi argues that Justice James Omotosho’s conviction of Nnamdi Kanu was built on a repealed terrorism law…

Published

on

kkannu
Nnamdi Kanu
  • A fresh legal briefing by lawyer Onyedikachi Ifedi argues that Justice James Omotosho’s conviction of Nnamdi Kanu was built on a repealed terrorism law, contrary to the provisions of the Terrorism Prevention and Prohibition Act 2022.
VN62

A constitutional and legal battle over the conviction of Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu, has taken a dramatic turn following the release of a public legal briefing alleging that the trial court relied on a repealed law to secure the conviction.

In a detailed document titled “A Guide to Omotosho’s Misapplication & Misunderstanding of the Law: Why the ‘Show Me the Law’ Demand Ended the Case,” lawyer Onyedikachi Ifedi argues that Justice James Omotosho failed to comply with clear provisions of the Terrorism Prevention and Prohibition Act (TPPA) 2022 when handling Kanu’s terrorism-related charges.

The briefing employs a vivid analogy of a traveller navigating between an old road, a bridge, and a new road to explain what it describes as a fundamental legal error that allegedly undermines the conviction.

The Old Road, the Bridge, and the New Road

According to Ifedi, the repealed Terrorism Prevention (Amendment) Act 2013 represented the “old road,” while the Terrorism Prevention and Prohibition Act 2022 became the “new road” after the National Assembly repealed the earlier legislation.

The “bridge,” he explains, is Section 98(3) of the 2022 Act, commonly referred to as the savings clause, which preserved ongoing proceedings initiated under the old law.

Advertisement

However, the lawyer argues that while Section 98(3) allowed pending cases to continue, Section 97 of the new Act expressly required such proceedings to be “continued and concluded under this Act” — meaning under the provisions of the TPPA 2022.

RECOMMENDED FOR YOU  Alex Otti Appoints Okonjo-Iweala, Arunma Oteh. Sanusi, 15 Others As Abia Global Economic Team

According to the briefing, the transition was mandatory and one-directional.

“The traffic flows only one way. No return to the repealed old road is permitted,” the document states.

Allegation of an Illegal Legal U-Turn

The core argument advanced in the briefing is that Justice Omotosho acknowledged the savings clause and relied on it to keep the proceedings alive but allegedly failed to complete the transition required by law.

Advertisement

The document claims that instead of moving fully into the framework of the 2022 Act, the court continued relying on the repealed 2013 legislation when determining criminal liability and imposing punishment.

Ifedi describes this as an “illegal U-turn” that directly contradicted the instructions contained in Section 97.

According to him, Kanu repeatedly challenged the court to identify the specific provisions of the TPPA 2022 that defined the offences and prescribed the penalties upon which his conviction was based.

That challenge was encapsulated in a phrase that has now become central to the appeal:

Advertisement

“Show me the law.”

Constitutional Question Before the Court of Appeal

The briefing argues that the controversy is no longer about whether the case survived the repeal of the 2013 law.

Instead, it says the real issue is whether the conviction itself was grounded on a valid law that was in force when judgment was delivered.

Drawing attention to Section 36(12) of the 1999 Constitution, the document notes that no person can be convicted of a criminal offence unless that offence and its punishment are prescribed in a written law.

Advertisement

According to Ifedi, the Constitution requires courts to identify the precise law in force at the time a conviction is entered.

RECOMMENDED FOR YOU  BREAKING: Tinubu’s Government Removes Universities, Poly Other Tertiary Institutions From IPPIS

He argues that a repealed statute cannot satisfy that constitutional requirement.

“A repealed law is not a written law in force,” the briefing states.

The lawyer further contends that while the savings clause kept the proceedings alive, it did not revive the repealed criminal provisions or transform them into operative law capable of sustaining a conviction.

Advertisement

Judicial Notice and the Repeal Debate

The briefing also raises concerns about the trial court’s treatment of the repeal issue.

It claims that the repeal of the 2013 Act was repeatedly brought to the court’s attention and that the court was invited to take judicial notice of the new legislation.

Under the Evidence Act, courts are generally expected to take judicial notice of written laws without requiring formal proof.

Despite this, the document argues that the trial court did not engage with the repeal issue in the manner sought by the defence and proceeded to judgment without identifying the relevant provisions of the TPPA 2022.

Advertisement

According to the lawyer, this omission created a constitutional defect that strikes at the foundation of the conviction itself.

“Show Me the Law”

The legal briefing repeatedly returns to what it describes as a simple but unanswered question.

It challenges the court to identify the exact provisions of the Terrorism Prevention and Prohibition Act 2022 that defined the offences for which Kanu was convicted and prescribed the punishments imposed.

RECOMMENDED FOR YOU  How Justice Omotosho's Conviction of Kanu Now Haunts the Nigerian Judiciary

The document insists that references to the savings clause alone are insufficient and argues that legal theories about when the alleged offences were committed do not answer the constitutional requirement.

Advertisement

Instead, it says the law demands identification of the specific written law that was in force at the time judgment was delivered.

DON’T MISS: Lawyer Faults Eculaw Analysis, Says Nnamdi Kanu’s Appeal Brief Was Fundamentally Misread

Appeal Expected to Test Key Constitutional Principles

With the matter now before the Court of Appeal, the briefing argues that the appellate court will have to determine whether the conviction complied with both the TPPA 2022 and Section 36(12) of the Constitution.

If the court finds that no valid provision of the 2022 Act supported the offences and penalties applied in the case, the document contends that the conviction cannot stand.

Advertisement

“The appeal is not about whether the case survived the repeal. Everyone agrees that the savings clause kept it alive,” the briefing concludes.

“The appeal is about whether the law used to convict survived the repeal and whether the journey was lawfully completed on the new road as Parliament expressly commanded.”

At the centre of the legal dispute remains the question that Kanu’s supporters say has never been answered:

“Show me the law.”

Advertisement
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

Akinwunmi Ambode and Babajide Sanwo Olu 1280x914 1789643116 960x686 1 Akinwunmi Ambode and Babajide Sanwo Olu 1280x914 1789643116 960x686 1
Politics7 hours ago

Sanwo-Olu, Fashola, Ambode, Others Named in Lagos APC 2027 Campaign Council (Full List)

The Lagos State chapter of the APC has unveiled its campaign council ahead of the 2027 general elections, naming Governor...

south african woman south african woman
News7 hours ago

South African Woman Jailed 25 Years for Smuggling 5.75kg Heroin Into Nigeria

A Federal High Court in Abuja has sentenced 38-year-old South African woman Will Ann to 25 years in prison after...

nafdac bread nafdac bread
News10 hours ago

NAFDAC Threatens to Shut Bakeries Over Banned Bread Improvers

NAFDAC has warned bakers in Niger State against using banned substances, including potassium bromate and saccharin, in bread production.

chelsea flagg chelsea flagg
Sports10 hours ago

Meet Chelsea’s new owners, Clearlake Capital

Chelsea have entered a new ownership era after American investment firm Clearlake Capital acquired the stakes of Todd Boehly and...

JAMB logo JAMB logo
Education11 hours ago

JAMB Explains ‘Not Admitted’, ‘Admission in Progress’ and ‘Admitted’ Statuses

JAMB has explained what “Not Admitted,” “Admission in Progress” and “Admitted” mean on candidates’ CAPS, advising applicants to keep checking...

peter obi lecturing peter obi lecturing
Business11 hours ago

Peter Obi Advises Nigerians on Dangote Refinery IPO

Former Anambra State governor Peter Obi has urged Nigerians at home and abroad to consider investing in the ongoing Dangote...

Nnamdi Kanu ww Nnamdi Kanu ww
News12 hours ago

14 Days to Keep Him in Custody, Endless Silence to Hear Him: How Nigeria’s Court of Appeal Built a Cage — Then Locked the Courtroom Door

A lawyer, Onyedikachi Ifedi, has challenged the legal basis of Nnamdi Kanu’s conviction, alleging reliance on a repealed law and...

FB IMG 1789607349365 FB IMG 1789607349365
Politics12 hours ago

Atiku Reveals What He Discussed With Aisha Buhari During Abuja Meeting

Former First Lady Aisha Buhari has visited former Vice-President and African Democratic Congress (ADC) presidential candidate Atiku Abubakar in Abuja.

peter obi our product peter obi our product
Politics12 hours ago

Anambra Government Releases Peter Obi’s Debt Records, Puts Outstanding Loans at N127.4bn

The Anambra Government says eight external loans contracted during Peter Obi’s tenure as governor had an outstanding balance of N127.4...

Cooking Gas Cooking Gas
News17 hours ago

Iran War Supply Shock Pushes Nigeria’s Cooking Gas Demand Down 23%

Nigeria’s cooking gas (LPG) demand fell by nearly 23 per cent to a seven-month low in June as import constraints...

Advertisement