In the letter dated October 28, 2025, titled “Dismissal of Prosecution of Mazi Nnamdi Kanu for Lack of Jurisdiction,”Fein accused the Nigerian government of breaching both domestic and international laws through Kanu’s arrest, detention, and ongoing trial.
Fein maintained that the government’s alleged actions — including “kidnapping, torture, and extraordinary rendition” — were clear violations of international law, thereby robbing Nigerian courts of jurisdiction over the case.
He referenced the 2022 opinion of the United Nations Working Group on Arbitrary Detention, which called for Kanu’s immediate and unconditional release, insisting that Nigeria must not profit from what he described as its “own criminality.”
Quoting U.S. Supreme Court Justice Louis Brandeis, Fein warned that “a government that breaks the law breeds contempt for law and invites anarchy.” He further cautioned that Justice Omotosho risked being “legally implicated” in the alleged crimes if he failed to dismiss the charges, adding that such actions could attract scrutiny from the International Criminal Court.
The letter stated, “If you refrain from dismissing all outstanding charges against Mr. Kanu for lack of jurisdiction, you will be vulnerable to prosecution before the ICC.”
The Nigerian government has since closed its case against Kanu, but the IPOB leader has refused to enter a defence, insisting the court lacks jurisdiction. The trial has been adjourned to November 4, 2025.
