Dare Babalola
The family of jailed leader of the Indigenous People of Biafra, Nnamdi Kanu, has voiced its dissatisfaction with the judgment delivered by Justice James Omotosho of the Abuja Federal High Court.
The Okwu Kanu family, in a statement signed by Emmanuel Kanu, on Monday said they spoke with heavy hearts but unmistakable resolve concerning the court’s decision.
They noted that “we raised several legal points in court, including Section 36(12) of the Constitution, Supreme Court decisions on repealed laws, and previous directives related to earlier charges.”
Emphasising the importance of constitutional protections, the family quoted, “No person shall be convicted unless the offence is defined in a written law,” noting that the Supreme Court has consistently upheld this principle.
Regarding the legal reasoning applied in the ruling, the family said, “We have concerns about the application of transition or savings clauses and how they relate to this case.”
The statement also addressed the court’s reliance on a transition or savings clause, noting that it may not apply because, in the family’s view, “Mazi Nnamdi Kanu’s matter was not pending.”
They added, “The Court of Appeal discharged and acquitted him. That decision terminated all charges,” and explained that the subsequent charges before Justice Omotosho initiated “a new case, commencing de novo.”
The family pointed out the significance of upholding constitutional safeguards, arguing that a terminated case remains terminated and cannot be salvaged by a transition clause.
They also raised concerns about fundamental rights guaranteed under Section 36 of the Constitution, noting that “the right to be tried only under laws in force, to be informed of the exact charges, and not to be convicted under repealed or non-existent laws cannot be overridden.”
Regarding the hierarchy of legal authority, the statement added, “No transition clause can override Section 36. No statute can override the Constitution. No judge can override the Supreme Court.”
The statement concluded with a call for adherence to the Constitution and established legal processes, noting, “All proceedings should align with existing laws and procedures.”
