A member of Mazi Nnamdi Kanu’s global defence consortium, Njoku Jude Njoku Esq., has argued that the leader of the Indigenous People of Biafra (IPOB) cannot be retried by any Nigerian court, insisting that his discharge by the Court of Appeal in October 2022 stands as final.

In a public legal advisory dated October 3, 2025, Njoku said the controversy over Kanu’s case stems from ignorance and misinterpretation of the law, particularly the doctrine of appellate finality.

“The Court of Appeal told the Federal Government: you had no right to bring this case in the first place because you broke the law in the way you brought Kanu from Kenya. That is what lack of jurisdiction means,” he explained.

He stressed that a discharge on jurisdictional grounds is as conclusive as an acquittal, citing constitutional protection against double jeopardy under Section 36(9) of the 1999 Constitution. According to him, once a higher court rules that a trial lacked jurisdiction, “the whole case is wiped off the books” and cannot be revived.

Njoku cited several precedents including Ogbomor v. State (1985), Okafor v. State (2006), and FRN v. Ifegwu (2003), which affirm that a discharge on jurisdictional grounds amounts to an acquittal.

He criticized what he described as widespread legal confusion in Nigeria, blaming the use of English legal jargon inherited from colonialism, which, he argued, obscures basic principles even for judges.

“The Constitution is supreme over the Supreme Court itself. Once the Court of Appeal discharges on jurisdiction, the matter is finished forever,” Njoku maintained.

The lawyer warned that Kanu’s continued detention amounts to a constitutional scandal, insisting that ignoring the principles of double jeopardy and appellate finality puts every Nigerian at risk.

“Justice is not about tribe or politics. The law is crystal clear: Kanu has been discharged, that discharge equals acquittal, and he cannot be tried again. Anything else is judicial lawlessness,” he said.

Njoku concluded by calling for Kanu’s immediate release, stressing that the Court of Appeal has already set him free.