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Nnamdi Kanu: Nigeria’s judiciary is now on serious trial over his case

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By Prosper Olayiwola

 

The Global Defence Consortium representing Mazi Nnamdi Kanu has expressed deep concern over what it describes as the systematic collapse of constitutional safeguards in the ongoing legal proceedings before the Federal High Court in Abuja and in Nigeria’s appellate courts.

According to the group, the case has exposed a pattern of judicial inconsistency and constitutional violations that, in any functioning common-law jurisdiction, would be regarded as a travesty of justice.

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The consortium recalled that Mazi Nnamdi Kanu was unlawfully remanded in June 2021 without legal representation, a move that directly contravenes Sections 35 and 36(6)(c) of the Nigerian Constitution.
Citing Udoh v. State (1988) 3 NWLR (Pt 82) 316, the group stressed that no Nigerian citizen can be lawfully deprived of liberty without counsel or a fair hearing.

The defence described the court’s action as a “fundamental breach of due process,” arguing that it set a dangerous precedent for arbitrary detention and state overreach.

The consortium also condemned what it termed “perverse appellate reasoning,” referencing the reversal of the Court of Appeal’s decision to discharge Mazi Kanu.

According to the statement, Justice Tsammani’s panel employed civil-procedure mechanisms to invalidate a criminal discharge a move the defence insists contradicts the principle of finality of appellate discharge, the Administration of Criminal Justice Act (ACJA) 2015, and the constitutional separation of judicial powers.

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“This act,” the consortium noted, “erodes public confidence in the independence and finality of appellate judgments.”

3. Revival of a Repealed Law

In perhaps the most troubling instance, the Supreme Court’s judgment of December 15, 2023, written by Justice Lawal Garba, reportedly remitted Mazi Kanu for trial under the repealed Terrorism (Prevention) Amendment Act (TPAA) 2013.

The group maintained that this decision disregarded Section 122(2)(a) of the Evidence Act which mandates judicial notice of repealed laws and Section 6 of the Interpretation Act, which nullifies criminal liability once a statute is repealed without a saving clause.

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“No court, not even the Supreme Court, has the authority to breathe life into a dead law,” the consortium asserted, calling the ruling a “constitutional impossibility and a stain on Nigeria’s legal record.”

4. Return to a Biased Tribunal

The consortium further condemned the re-assignment of the case to Justice Binta Nyako, even after Justice Emmanuel Agim of the Supreme Court had questioned her impartiality.

This, it argued, directly violates the precedent in Madukolu v. Nkemdilim (1962) 2 SCNLR 341, which affirms that judicial impartiality is a cornerstone of fair trial.

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“Re-empanelling a judge whose neutrality is already compromised undermines the principle of an independent and impartial tribunal,” the group said.

5. Questionable Witness Testimonies

Another concern raised by the defence involves the credibility of prosecution witnesses currently testifying before Justice James Omotosho.

The consortium alleged that several individuals claiming to be officers of the Department of State Services (DSS) have failed to verify their identities. One of them, it said, admitted never having met Mazi Kanu before.

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Such inconsistencies, the statement argued, violate Sections 135–137 of the Evidence Act and cast serious doubt on the integrity of the entire proceeding.

6. Judicial Evasion of Constitutional Obligations

The consortium also accused the courts of deliberately refusing to recognize the repeal of the 2013 Terrorism Act and of ignoring the operative Terrorism Prevention and Prohibition Act 2022.

This, they said, represents “a conscious abandonment of constitutional duty” and breaches the fundamental principle that no Nigerian can be tried under a law that is no longer in force.

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A Judiciary on Trial

The consortium warned that when courts begin to prioritize expediency and politics over legality and justice, they cease to function as courts of law.

“The legitimacy of the judiciary is not a divine entitlement,” the group declared, “but a daily referendum conducted in the conscience of the people.”

According to the statement, the handling of Mazi Kanu’s case has placed the integrity of Nigeria’s entire judicial system under intense global scrutiny.

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The Consortium’s Demands

The Global Defence Consortium outlined four immediate steps necessary to restore public confidence in the rule of law:

Judicial Review:
Immediate recall and review of all proceedings conducted under the repealed Terrorism (Prevention) Amendment Act 2013.
NJC Investigation:
A comprehensive investigation by the National Judicial Council into the conduct of justices and judges who allegedly ignored constitutional provisions.

NBA Clarification:
A public statement from the Nigerian Bar Association clarifying whether it condones the use of repealed laws or detention without counsel in a constitutional democracy.
Witness Verification:
Verification by the DSS of every witness involved in the case, to ensure authenticity and restore integrity to the evidentiary record.

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Reaffirming its commitment to lawful and peaceful advocacy, the consortium warned that it would not remain silent while constitutional order is “dismantled in open court.”

“The trial of Mazi Nnamdi Kanu,” it concluded, “has gone beyond the fate of one man. It has become the trial of Nigeria’s judiciary before the conscience of the world.”

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2027: Tinubu’s details incompletes as primary, secondary qualifications missing from INEC EC9 documents

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President Bola Tinubu failed to include primary and secondary school qualifications in the educational qualifications section of the personal particulars submitted to the Independent National Electoral Commission, INEC, for the 2027 presidential election.

The documents, published by INEC on Saturday in line with its revised timetable for the 2027 general election, contain the nomination papers and supporting credentials of presidential and vice-presidential candidates.

A review of Tinubu’s EC9 nomination form shows that the President listed only a Bachelor of Science (B.Sc.) degree in Business Administration obtained from Chicago State University in 1979 under the educational qualifications section.

The sections provided for his primary and secondary school qualifications were left blank.

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However, Tinubu attached copies of his university degree certificate and National Youth Service Corps, NYSC, certificate to his nomination papers.

In the form, the President stated that he was born on March 29, 1952, in Lagos and described his occupation as “Politician.”

He also declared that he worked at Mobil Nigeria Limited between 1983 and 1992 before serving as Governor of Lagos State from 1999 to 2007.

He listed his current employer as the Federal Government of Nigeria from 2023 to date and stated that he had never been dismissed from public service.

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“Greatest Threat Is Misinformation, Not Technical Glitch” – INEC Chairman Tasks Media On Osun Poll Coverage

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The Chairman of the Independent National Electoral Commission, INEC, Prof. Joash Amupitan, SAN, has described misinformation and disinformation as the greatest threat to the August 15 Osun State Governorship Election, urging the media to prioritize verified and ethical reportage.

He made the call on Saturday in Osogbo during an interactive session with media executives, describing journalists as the “Fourth Estate of the Realm” and critical stakeholders in the democratic process.

“However, your role as the Fourth Estate is critical to the survival of the process. In this final day window, the greatest threat we face is not technical failure, but the pathology of misinformation and disinformation,” the INEC Chairman said.

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“Fake news, manufactured election-day panics, and the unauthorized declaration of parallel results are direct assaults on our public peace and democratic stability.”

He said the Commission has accredited field reporters through its dedicated portal “because we want you to see everything,” and in return demanded “a commitment to verified, ethical, and dispassionate reporting.”

“Verify your facts before you broadcast. When a glitch occurs in a single polling unit, do not report it as a systemic failure across the entire state,” Prof. Amupitan charged.
“Use your channels to educate voters: remind them that No PVC means No Voting, and that vote-buying remains a criminal offense that our partners at the EFCC and ICPC have been mandated to curb.”

Giving an update on readiness, the Chairman said the just-concluded mock accreditation proved the resilience of the BVAS.
“The Bimodal Voter Accreditation System (BVAS) demonstrated optimal field resilience. On average, it took between 30 seconds to 2 minutes to successfully verify a voter using either their fingerprints or facial recognition,” he stated.
“As a result, we have increased the total number of BVAS for the election from 4,427 to 5,130 so as to service split polling units in large PUs in Ife East, Irewole, Egbedore, Ede North, Osogbo. In the process, we increased the number of back-ups from 664 to 1,328 for quick intervention in case of any malfunction.”

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Prof. Amupitan also addressed insecurity, saying INEC has moved “from reactive monitoring to proactive prevention” through ICCES. He listed hotspot LGAs to include Atakumosa East and West, Boripe, Ede North and South, Ife Central, Ifedayo, Ila, Osogbo, Ifelodun, and Oriade.

On inclusivity, he reaffirmed the Commission’s commitment to vulnerable voters.
“Democracy is incomplete if it excludes vulnerable populations. The Commission has integrated practical assistive devices across polling locations based on our disability mapping in Osun State. We have provisions for braille ballot guides for visually impaired voters; magnifying glasses for voters with albinism and low vision; EC40H poster manifests for hearing-impaired citizens and Priority Voting Queues for Persons with Disabilities (PWDs), pregnant women, nursing mothers, and the elderly,” he said.

The Chairman said 32,000 NYSC members have been engaged as ad-hoc staff via the INECPRES portal and that training for Supervisory Presiding Officers has been concluded.

“We do not care who wins the election; we only care how they win. Our sole job is to ensure that the process is clean, that every valid vote counts, and that the declaration reflects nothing but the true sovereign will of the Osun electorate,” Prof. Amupitan concluded.

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The session had in attendance National Commissioners, the Osun REC Barrister Oluwatoyin Babalola, NUJ and BON leadership, Bureau Chiefs, Editors and other senior media executives.

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Coalition want explanation over alleged BVAS failure in Osun mock accreditation exercise

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A group, aegis of Coalition of Concerned Nigeria Citizens (CCNC), has called on the Independent National Electoral Commission (INEC) to immediately explain the alleged widespread failure of the Bimodal Voter Accreditation System (BVAS) during Saturday’s mock accreditation exercise conducted ahead of the August 15 Osun State governorship election.

The group alleged that the mock accreditation, designed to test the commission’s readiness for the election, experienced significant technical challenges after commencing in selected polling units across the state, raising concerns about INEC’s preparedness for the governorship poll.

In a statement signed by its spokesperson, Comrade Raufu Sodiq, popularly known as “Oluomo Success,” the coalition claimed that although the exercise was scheduled to begin at 8:30 a.m., it started behind schedule in some polling units. It further alleged that less than 40 minutes after the exercise commenced, many BVAS machines stopped recognising fingerprints, facial features and Permanent Voter Cards (PVCs), preventing the successful accreditation of voters in the affected locations.

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Describing the development as disturbing, the group said a mock accreditation exercise should ordinarily boost public confidence in the electoral process, adding that the reported malfunction of the accreditation devices during the test exercise had instead raised questions about the commission’s level of preparedness.

The coalition argued that accreditation remains the foundation of every credible election because it determines voter eligibility and protects the integrity of the electoral process. According to the group, any failure at that stage could undermine public confidence in the outcome of the election if not urgently addressed.

CCNC also queried why such challenges allegedly occurred despite what it described as years of preparation and substantial public investment in electoral technology. It called on the Osun Resident Electoral Commissioner and the national leadership of INEC to provide a comprehensive explanation on the cause of the reported BVAS malfunction and disclose measures being taken to prevent a recurrence during the August 15 governorship election.

Among its demands, the coalition asked INEC to clarify whether the reported glitches resulted from software, hardware or configuration problems, explain its contingency plans for the 3,763 polling units across Osun State, replace any faulty BVAS machines and consider conducting another mock accreditation exercise before the election to restore public confidence.

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“We believe in strong democratic institutions and do not want to see INEC fail. However, public confidence must be built on competence, transparency and accountability. The people of Osun deserve an election where every eligible voter can cast their vote without avoidable technological failures,” the statement read.

The group further urged the Chairman of INEC to personally address Nigerians before the governorship election by explaining the outcome of the mock accreditation exercise, outlining corrective measures and assuring voters that all identified technical challenges would be resolved before Election Day.

INEC had organised the mock accreditation exercise to assess the functionality of the BVAS and other electoral processes ahead of the governorship election scheduled for August 15 across the state’s 3,763 polling units.

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