By: Ojay Matthew
The family of Nnamdi Kanu has criticised the Nigerian Bar Association (NBA) for what it described as its troubling silence over the IPOB leader’s ongoing trial, which they insist is based on a repealed law. In a statement signed by Prince Emmanuel Kanu, the Okwu-Kanu family said the NBA has failed in its duty to defend the constitution and speak out against what they called clear legal violations.
According to the family, Kanu is being prosecuted under the defunct Terrorism (Prevention Amendment) Act 2013, despite the existence of the Terrorism Prevention and Prohibition Act 2022, which requires “double criminality” for offences allegedly committed outside Nigeria. They argued that Kenya—where Kanu was abducted—has never accused him of any crime, making the current trial unconstitutional.
The statement further faulted the NBA for not educating the public or challenging what the family described as “an unlawful and fake court case,” citing Supreme Court rulings that forbid the use of repealed laws in criminal prosecutions. It also dismissed attempts to rely on the 2022 Act’s savings clause, insisting that the current trial is fresh and cannot be shielded from constitutional requirements.
Warning that the NBA’s silence enables judicial abuse and erodes public trust, the family said the implications go beyond Kanu, noting that many Nigerians suffer wrongful detention because lawyers fail to challenge invalid charges. They urged the NBA to publicly state that no Nigerian can be tried under a repealed law and to reaffirm key constitutional safeguards.
The statement concluded that the association risks losing its moral authority if it continues to “watch the Constitution being violated in silence,” stressing that the issue concerns the future of the rule of law in Nigeria.
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