In a statement issued on October 9, 2025, and signed by Njoku Jude Njoku, Esq., the consortium described the events that unfolded in court on October 8 as “a national embarrassment” and “a tragic commentary on the state of the Nigerian judiciary.”
According to the defence, the adjournment of the trial over the absence of the Nigerian Medical Association (NMA)’s medical report was merely a cover for “a carefully choreographed theatre of delay and executive manipulation.”
The statement alleged that Justice Omotosho had “lost jurisdiction” to continue with the case since the Terrorism (Prevention) Act 2011 and its 2013 Amendment, under which Kanu is being prosecuted, were repealed by the Terrorism (Prevention and Prohibition) Act 2022.
Citing constitutional and judicial authorities, including NNPC v. Fawehinmi and Obiuweubi v. CBN, the group argued that “once a law is repealed, all actions founded on it automatically collapse unless properly saved by a competent saving clause.”
Njoku maintained that the court has a constitutional duty to take judicial notice of repealed laws under Section 122(2)(a) of the Evidence Act 2011, describing the judge’s continued reliance on the repealed statute as “a judicial insult to the Constitution.”
The defence consortium also criticised the Nigerian Medical Association for allegedly defying a court order and withholding Kanu’s medical report after previously submitting confidential information to the Attorney-General of the Federation instead of the court. The group said the development “illustrates the total collapse of institutional integrity in Nigeria.”
“The judiciary is now on trial alongside Mazi Nnamdi Kanu,” the statement read. “Justice Omotosho must choose between being remembered as the judge who upheld the Constitution or the one who buried it.”
Reaffirming its stance, the consortium declared that the entire trial is “a nullity ab initio,” calling for the immediate release of Nnamdi Kanu in compliance with the Court of Appeal judgment of October 13, 2022.
The statement concluded: “Nigeria is at a crossroads — the choice is between law and lawlessness, between conscience and complicity.”
