The group described the ruling as a grave injustice and a betrayal of Nigeria’s Constitution, accusing the apex court of endorsing what it called “executive lawlessness” by allowing Kanu’s trial to proceed despite a prior Court of Appeal judgment that dismissed the charges and ordered his release.
In 2022, the Court of Appeal had unanimously discharged Kanu, declaring his abduction from Kenya and rendition to Nigeria a violation of both local and international laws. The court held that such illegal rendition nullified the jurisdiction of Nigerian courts to try him.
However, following a federal government appeal, the Supreme Court overturned the ruling, stating that the manner in which Kanu was brought into the country was not sufficient to halt his trial. The court ordered that the proceedings against him resume.
In a strongly worded statement issued Friday and signed by IPOB’s Directorate of Legal Affairs & Global Communications, Barrister Onyedikachi Ifedi, the group accused the Supreme Court of abandoning constitutional principles in favor of political expediency.
“We condemn in the strongest terms the Supreme Court’s grotesque betrayal of the Constitution in the case of FRN vs. Nnamdi Kanu,” IPOB said. “By overturning a lawful discharge grounded in state-sponsored kidnapping, the Court has effectively endorsed abduction as a prosecutorial tool.”
The group alleged that the ruling violated several constitutional protections, including the prohibition against double jeopardy and the right to a fair hearing. IPOB further argued that national security cannot justify the erosion of non-derogable rights enshrined in Chapter IV of the Constitution.
“The Court’s invented ‘national security’ exception is a fraudulent rewrite of the supreme law,” the statement read. “Section 36(9) of the Constitution prohibits retrial after acquittal. The Court of Appeal’s discharge was final, yet the Supreme Court resurrected dead charges in service of state impunity.”
IPOB also called for international scrutiny, urging the International Criminal Court (ICC) to launch an investigation into Nigerian officials over what it described as crimes against humanity related to Kanu’s abduction and prolonged detention without fair trial.
“The ruling violates Nigeria’s treaty obligations under the ICCPR and the African Charter. A judiciary that licenses abduction as state policy is complicit in human rights abuse,” IPOB added.
The group concluded by declaring the Supreme Court’s decision a “nullity,” demanding the immediate and unconditional release of Nnamdi Kanu, and calling on the international community to treat the Nigerian government with caution until constitutional order is restored.
