Lawyers across multiple jurisdictions have confirmed that they are preparing a coordinated legal challenge to overturn the life imprisonment sentence handed to Indigenous People of Biafra (IPOB) leader, Mazi Nnamdi Kanu. The legal team described the judgment as constitutionally and jurisdictionaly defective.
In a comprehensive brief on Wednesday, Njoku Jude Njoku Esq. and his team contended that the Federal High Court, presided over by Justice Omotosho, erred by convicting Kanu under the Terrorism Prevention (Amendment) Act 2013.
The lawyers argued that this statute had been repealed prior to the judgment and replaced by the Terrorism Prevention and Prohibition Act 2022.
Invoking Section 36(12) of the 1999 Constitution, the legal team maintained that no person can be convicted for an offence not defined by a law in force at the time of trial and conviction.
They further cited Section 122 of the Evidence Act and the Supreme Court decision in NNPC v. Fawehinmi, arguing that courts are required to take judicial notice of repealed statutes.
The team emphasized that failure to observe this duty strips the court of jurisdiction to deliver a valid judgment.
The legal challenge, they assert, will aim to overturn Kanu’s conviction and set aside the life sentence, highlighting the need for strict adherence to constitutional and statutory provisions in criminal prosecutions.