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•Says, you can’t force a man to defend self against ghost charge
By Olakunle Olafioye
The Indigenous People of Biafra (IPOB) has refuted a report that its leader, Nnamdi Kanu, has forfeited his rights to defence in the on-going trial before Justice James Kolawole Omotosho of the Federal High Court, Abuja, describing the news as fake and “a desperate lie meant to mislead the public and cover up an illegal process.”
A statement by the spokesperson of the group, Emma Powerful, said the entire case for which the group’s leader is being tried for has no legal foundation and called on Nigerian to disregard the report.
The statement reads in part: “Let the truth be clear: Mazi Nnamdi Kanu has not forfeited anything. What is happening in court is not a fair trial but a political show. Up till today, neither Justice Omotosho nor Chief Adegboyega Awomolo, SAN, the government’s lead prosecutor, has been able to point to any valid, existing law that Mazi Nnamdi Kanu supposedly broke. Their silence speaks volumes — it is a quiet confession that this entire case has no legal foundation.
“Can anyone be prosecuted or convicted without a living law that clearly defines the offence and prescribes a punishment? The answer is written in Section 36(12) of Nigeria’s 1999 Constitution: A person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law.”
“This means you cannot charge or convict anyone unless the law exists in black and white. No judge or lawyer can twist that. The Supreme Court has said the same thing many times — in Aoko v. Fagbemi (1961), A.G. Federation v. Abubakar (2007), and NNPC v. Fawehinmi (1998). Where there is no law, there can be no trial, no conviction, and no justice.”
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Powerful who dismissed the trial of the IPOB leader which he described as misuse of power and a clear violation of fair hearing, questioned the possibility of prosecuting Kanu without a law which defines the offence and prescribes a punishment
“The core question remains simple: can anyone be prosecuted or convicted without a living law that clearly defines the offense and prescribes a punishment?
“You cannot force a man to defend himself against a ghost charge. Under which law is Mazi Nnamdi Kanu being tried? What Act of the National Assembly defines his supposed offence? And by what right does a judge compel a defence where no offence in law exists?
“Nigerians deserve honest answers, not propaganda. Everyone should read Section 36(12) and know their rights — it protects all of us from tyranny. Any court that ignores the Constitution becomes part of the problem, not the solution.
“IPOB fully supports Mazi Nnamdi Kanu’s stand in refusing to legitimize this illegality by entering a defence. The truth is unshakable: no valid law supports this case — none whatsoever.
“Now, Justice Omotosho says he will give judgment without even allowing final addresses from both sides. That’s laughable and unheard of in criminal law. If that is truly his position, then maybe he needs to go back to law school and learn what due process means,” he said.
