A member of the Mazi Nnamdi Kanu Global Defence Consortium, Onyedikachi Ifedi Esq., has faulted ongoing calls for clemency or a political solution in the case of detained IPOB leader, Mazi Nnamdi Kanu, describing such appeals as legally misplaced and dangerous.
In an essay released to the public on Wednesday, Ifedi argued that seeking mercy reinforces a false impression that Kanu is guilty of a crime and must rely on political favour to regain his freedom.
Court of Appeal Ruling Still Stands
The lawyer recalled that in 2022, the Court of Appeal discharged and acquitted Kanu on jurisdictional grounds, ruling that the Federal Government lacked the lawful authority to try him.
“Once a case collapses for want of jurisdiction, it is dead forever. The discharge is final and has the same effect as an acquittal,” he said.
Ifedi described the Supreme Court’s 2023 decision to “overturn” the appellate discharge as “judicial fraud,” stressing that no court has the power to revive a case nullified for lack of jurisdiction. He cited several binding precedents — including Ogbomor v. State (1985), Okafor v. State (2006), and FRN v. Ifegwu (2003) — which, according to him, make the Court of Appeal’s discharge final.
Constitution Above the Supreme Court
The rights advocate further argued that the Nigerian Constitution is supreme and cannot be undermined by judicial errors. He said Section 36(9) of the Constitution protects citizens from double jeopardy, meaning Kanu cannot be tried twice for the same offence.
“Sadly, some Nigerian judges behave as though the Supreme Court is supreme over the Constitution. That is a fatal error. The Constitution reigns above every arm of government,” Ifedi stated.
No Basis for Clemency
He maintained that clemency is reserved for convicted persons, not for citizens already acquitted by law.
“Clemency is for convicts. Political solution is for guilty people seeking pardon. But Mazi Nnamdi Kanu is not a convict—he is a citizen whose rights have been trampled. He does not need mercy from any government; what he needs is obedience to the law,” Ifedi emphasized.
The Call to Action
The lawyer urged Biafrans, the UK Government, Igbo leaders, and civil society organizations to demand immediate compliance with the appellate ruling rather than lobby for mercy.
“Release Nnamdi Kanu now because the Court of Appeal has already discharged and acquitted him. Anything less is surrender to illegality,” he warned.
Ifedi concluded that Kanu’s continued detention is “not a political problem but a constitutional crime,” stressing that history would not forgive this generation if justice is replaced with politics.
