A human rights advocacy group, the Initiative Against Human Rights Abuse & Torture (INAHURAT), has renewed calls for the immediate and unconditional release of the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, describing his ongoing trial as unlawful, unconstitutional, and politically motivated.

In a public advocacy brief dated September 13, 2025, and signed by its National Coordinator, Comrade Gerald Katchy, the group argued that the Supreme Court’s December 2023 decision to order Kanu’s retrial was “a jurisdictional nullity” since the charges against him had already been extinguished by the Court of Appeal in October 2022.

“The Supreme Court attempted to revive a dead case,” the brief stated, referencing the landmark case of Madukolu v. Nkemdilim (1962), which held that jurisdiction requires a live cause of action. “From the moment the Court of Appeal discharged and acquitted Kanu, no valid charges remained before any Nigerian court.”

The group maintained that Kanu’s prosecution violates three fundamental legal principles:

  1. Double Jeopardy: Section 36(9) of the 1999 Constitution prohibits trying a person again for an offence after acquittal by a competent court.

  2. Repealed Law: The charges rely on the Terrorism Prevention (Amendment) Act 2013, which was repealed in May 2022, rendering any prosecution under it void.

  3. Abuse of Process: Kanu’s extraordinary rendition from Kenya, coupled with the Nigerian military’s 2017 invasion of his home, fatally taints the process under the “fruit of the poisonous tree” doctrine.

The brief also cited the June 24, 2025 ruling of the Kenyan High Court, which declared Kanu’s rendition illegal and in violation of international law, as further evidence that his trial in Nigeria lacks legitimacy.

It pointed to concurring opinions from Justice Emmanuel Agim of the Supreme Court, who acknowledged that bias, state misconduct, and the illegality of the rendition made a fair trial impossible.

INAHURAT therefore issued a four-point demand:

  • The Attorney-General of the Federation should file a nolle prosequi to formally terminate the charges and respect the Court of Appeal’s acquittal.

  • The Federal High Court should dismiss the retrial proceedings on its own motion, recognizing that it is being asked to try a non-existent case under a repealed law.

  • The Nigerian Bar Association and civil society organizations should speak up to defend the integrity of the legal system.

  • The international community should officially recognize Kanu as a victim of extraordinary rendition and hold Nigeria accountable under the UN Convention Against Torture and other treaties.

“This is not a prosecution, but persecution using the judiciary as a cloak,” Katchy said. “The only constitutional, lawful, and just outcome is the immediate and unconditional release of Mazi Nnamdi Kanu.”