A legal practitioner, Onyedikachi Ifedi, has challenged the legal foundation of the conviction of the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, arguing that the proceedings raise serious constitutional concerns over the use of a repealed law in a criminal matter.
Ifedi, in a statement titled “Ignorantia Judicis Est Calamitas Innocentis — Et Periculum Societati” (meaning “An ignorant judge is a calamity to the innocent—and a danger to society”), focused on the proceedings before Justice James Omotosho of the Federal High Court.
The lawyer alleged that Justice Omotosho took Kanu’s plea afresh on March 29, 2025, and later convicted him, despite the Terrorism (Prevention) Act (TPAA) 2013 having been repealed on August 3, 2022.
He cited the Supreme Court judgment in State v. Egigia (2024) LPELR-62009(SC), where the apex court held that a repealed law no longer has legal existence and cannot be used as a basis for comparison with an existing law.
According to Ifedi, the trial judge quoted the Supreme Court’s position in his judgment, which he said showed that the court was aware of the legal implications of the repeal.
The lawyer also referred to proceedings of November 4, 2025, where he claimed Justice Omotosho stated that “if there is no written law then you cannot be convicted.”
Ifedi said the statement aligns with Section 36(12) of the 1999 Constitution, which provides that no person shall be convicted of a criminal offence unless the offence is defined and its punishment prescribed under a written law.
He argued that the constitutional provision is mandatory and does not allow exceptions through plea bargains, savings clauses or orders directing a retrial.
The legal practitioner questioned the specific law under which Kanu’s plea was taken on March 29, 2025, and the conviction judgment delivered on November 20, 2025.
“Where is the written law on which plea was taken on 29 March 2025 and conviction judgment of 20 November 2025 entered?” Ifedi asked.
He alleged that neither the prosecution team led by Senior Advocate of Nigeria Awomolo nor the trial court provided an answer to the question.
Ifedi warned that any failure to apply the appropriate law in a criminal proceeding could have serious implications for the administration of justice, stressing that ignorance of the law should not be allowed to affect an individual’s liberty.
The statement was issued by Onyedikachi Ifedi, Esq.
