The family of detained IPOB leader, Mazi Nnamdi Kanu, has issued one of its fiercest criticisms yet — a scorching indictment of the Nigerian Bar Association (NBA), accusing the nation’s most powerful legal institution of “standing by as the Constitution is desecrated in broad daylight.”
In an explosive open letter signed by Prince Emmanuel Okwu-Kanu, the family charged that Kanu is being “unlawfully and illegitimately” prosecuted under a law that no longer exists, insisting that the Terrorism (Prevention Amendment) Act 2013 — the very statute underpinning the charges — was buried the moment the Terrorism Prevention and Prohibition Act 2022 came into force.
“The hard truth is that the NBA has failed in its duty,” the letter declares with searing bluntness. “Its silence in the face of clear constitutional violations has allowed an unlawful and fake court case against Mazi Nnamdi Kanu to continue.”
The family accuses the Bar of abandoning its historic responsibility as guardian of the rule of law, arguing that the association has “stood by quietly” while Kanu’s prosecution allegedly violates Section 36(12) of the Constitution, which forbids trials based on laws not in force.
The Okwu-Kanu family insists that the 2013 terrorism law “is dead, repealed, and constitutionally incapable of supporting any criminal trial,” citing Supreme Court decisions such as Okenwa v. Military Governor of Imo State and Aoko v. Fagbemi.
They argue that the law currently in force — the 2022 Terrorism Act — introduces the doctrine of double criminality, which forbids Nigerian courts from trying acts allegedly committed abroad unless that foreign country also considers the act a crime.
“Kenya has never accused, investigated, or charged Mazi Nnamdi Kanu with any offence,” the letter reads. “Nigerian courts therefore lack jurisdiction — completely.”
The family also dismantles reliance on the savings clause in Section 98(3) of the 2022 Act, calling it a “misuse of law and a distortion of logic.” They argue that Kanu’s trial before Justice Omotosho is a new proceeding that cannot be preserved by a clause intended only for already-ongoing cases.
“No Act of the National Assembly can overthrow the Constitution,” they wrote. “No savings clause can revive a repealed criminal statute.”
“Is the NBA afraid?” — Family questions moral courage of the Bar
The letter delivers its sharpest blow when questioning whether political intimidation has captured the Bar:
“Has the NBA become afraid of the government? Has it lost the courage to speak? Has it forgotten that its first duty is to defend the Constitution?”
They warn that the association’s silence carries grave national consequences — normalising abuses of power, emboldening judges to overstep constitutional boundaries, and leaving citizens exposed to arbitrary prosecutions.
The Okwu-Kanu family has issued a powerful call for the NBA to “recover its conscience,” demanding that the association immediately affirm that no Nigerian can be tried under a repealed law, clarify the constitutional requirement of double criminality, condemn judicial actions that violate Section 36(12), and educate the public on the widespread legal misconceptions surrounding the case.
They warn that failure to act would signify that the NBA has “lost the moral authority to lead the legal profession,” underscoring a stark and urgent reality: the rule of law in Nigeria is slowly dying.
In a haunting conclusion, the family warns that Nigeria is drifting into a legal abyss where “dead laws are dragged from the grave to jail citizens,” urging the NBA to act before the damage becomes irreversible.
“Silence helps the wrongdoing, ignorance deepens the danger, and cowardice is itself a betrayal of justice,” the letter ends.