Naija Blog — Barrister Christopher Chidera, Legal Consultant to the Indigenous People of Biafra (IPOB) and the Mazi Nnamdi Kanu Global Defence Consortium, has issued a strong legal rebuttal against the ongoing trial of IPOB leader, Nnamdi Kanu, warning that Nigeria “cannot build criminal justice on an ex parte order.”

In a statement released on Thursday, Chidera faulted the 2017 proscription of IPOB, describing it as “void ab initio” since it was granted ex parte, without hearing the affected party. He argued that this fundamental flaw undermines the entire basis of the charges against Kanu.

“By stripping millions of Biafrans, who are still Nigerians by colonial citizenship, the right to freely associate without hearing them, Justice Kafarati’s ex parte order offended Section 36 of the Constitution of Nigeria at its root,” Chidera said.

Fair Hearing Cannot Be Suspended

Chidera stressed that the principle of fair hearing, guaranteed under Section 36 of the 1999 Constitution, is non-derogable and cannot be set aside even under claims of national security.

Citing the Supreme Court case Dokubo-Asari v. FRN (2007), he noted that rights to fair hearing and presumption of innocence remain binding “even in grave security cases,” and cannot be suspended on vague security grounds.

“It is no defence to say national security justified this shortcut. Nigeria is not at war, and there is no formally declared state of emergency. Justice Omotosho cannot judicially invent a war condition to justify suspension of rights,” he added.

Why the Trial Cannot Stand

The legal team outlined several constitutional barriers against the trial, including:

  • Void Proscription: Ex parte order of 2017 was unconstitutional (Madukolu v. Nkemdilim; Garba v. University of Maiduguri).

  • Double Jeopardy: Kanu was discharged and acquitted by the Court of Appeal in 2022, making a retrial unlawful under Section 36(9).

  • Repealed Law: Some charges are based on provisions of the Terrorism Act that have since been repealed, contrary to Section 36(12).

  • No Security Excuse: National security cannot override fair hearing.

Call to Justice Omotosho

Barrister Chidera urged Justice Omotosho to uphold constitutional principles and prevent further abuse of legal process.

“A criminal trial cannot be founded on an ex parte proscription. It cannot proceed in the face of double jeopardy. It cannot rest on repealed law. And it cannot be justified by a phantom national security imperative,” he declared.

He concluded that Nigeria’s peace and unity “will never be secured by papering over constitutional breaches,” insisting that lawful ends must be achieved through lawful means.