Fred Nzeako has pointed out a significant legal error in the prosecution of Nnamdi Kanu: he was charged under Nigeria’s Terrorism Prevention Act from 2011-2013, which was repealed in 2022. The constitutional lawyer noted that this raises serious jurisdictional issues that challenge the legitimacy of the conviction.
During his appearance on Arise News, Nzeako explained that Nigeria replaced its old terrorism statutes in 2022 with new laws. Nevertheless, prosecutors continued to utilize the outdated law to prosecute Kanu, even after its repeal.
Nzeako emphasized that the situation is further complicated by Kanu’s acquittal by the Federal High Court in October 2022, which rendered the court “functus officio,” or without jurisdiction. He contended that detaining Kanu on the basis of repealed legislation after his acquittal constitutes significant procedural violations.
Fred Nzeako stated: “The accused was charged under the old law from 2011-2013, which was repealed in 2022. Keep in mind that the charge under this old law was annulled in October 2022 when Kanu was acquitted by the federal high court. Once an individual is acquitted, they should be released from court. At the time of Kanu’s discharge and acquittal in October 2022, the court lost its jurisdiction over the matter. Therefore, it is no longer permissible to rely on that old law. However, when examining the trial court’s judgment, it referenced the 2013 charge, raising significant concerns about the judgment and the entire legal process.”
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