The United Igbo Elders Council (UNIEC) worldwide has urged the Federal Government of Nigeria to release Mazi Nnamdi Kanu unconditionally in line with international and Nigerian Court rulings.
UNIEC, in a statement it released late Wednesday, signed by its Chairman, National Advisory Committee, Major General Collins R. U Ihekire, retired, said that any further prosecution or detention of Mazi Nnamdi Kanu under a repealed or unconstitutional law is void, illegal and morally indefensible.
UNIEC declared that the immediate and unconditional release of Kanu is both a constitutional duty and a moral imperative and essential for restoring justice, unity and peace in Nigeria, adding that Justice James Omotosho’s courtroom is not a miracle centre where dead laws can be resurrected.
According to UNIEC’s statement, “The charges against Mazi Nnamdi Kanu were filed under the Terrorism Prevention (Amendment) Act 2013, which was repealed on May 12, 2022, when the Terrorism Prevention and Prohibition Act 2022came into force. Once repealed, the 2913 Act ceased to exist: hence, all charges under it automatically died. Any trial based on such a repealed statute is a nullity ab initio. A court cannot convict on a ghost law. Justice Omotosho continued reliance on the repealed Act represents a constitutional breach and per incuriam adjudication judgment given in ignorance of the law.”
UNIEC also stated that it amounts to fatal legal flaw for Justice Omotosho to continue the trial of Mazi Kanu under a repealed law, adding that, Nullum Crimen, Nulla Poena Sine Lege ( No crime, no punishment without law ) noting that this foundational legal maxim, enshrined in Sections 36(8) and 36(12) of the Nigerian Constitution voids any charge or trial conducted under a repealed or non-existent law.
Describing Mazi Kanu’s continued trial as an injustice and double standard, UNIEC said, “We strongly condemn the Federal government’s selective justice, when known terrorists have been granted amnesty, rehabilitation and reintegration, yet a peaceful self-determination advocate remains imprisoned.
“Freedom fighters and figures like Sunday Igboho and Sheikh El-Zakzaky have regained their freedom, hence Nnamdi Kanu’s continued detention amounts to discrimination and political persecution. Today it is Nnamdi Kanu, tomorrow it could be anyone if us. Injustice to one is injustice to all”
“We call on Ohaneze Ndigbo and traditional rulers, Governors and political leaders of South East, churches and religious hierarchies, youths and civil society groups to unite in demanding the unconditional release of Mazi Nnamdi Kanu, while advancing peace, development and national cohesion.
