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SERIAL DISOBEDIENCE OF COURT ORDERS: Call for executive intervention in the prosecution of Mazi Nnamdi Kanu and consideration of a nolle prosequi

 

Abuja, Nigeria — Vincent Egechukwu Obetta, Esq., has issued a strong appeal to President Bola Ahmed Tinubu, urging decisive executive action over the continued prosecution and detention of the leader of the Indigenous Peoples of Biafra (IPOB), Mazi Nnamdi Kanu, amid serial violations of court orders and constitutional safeguards.

Obetta, former lead counsel to Mazi Nnamdi Kanu, emphasized that the prolonged detention of Kanu, despite multiple binding court judgments ordering his release, represents a grave affront to the rule of law, judicial authority, and Nigeria’s constitutional integrity.

Background: Multiple Court Orders Ignored

According to Obetta, he secured the first bail granted to Mazi Kanu on 19th October 2015 in suit No. ABJ/CMC/CR/21/2015 at the Chief Magistrate Court, Wuse Zone 2, Abuja. The bail order was never obeyed by the State Security Service.

He said that subsequently in December 2015, Justice A.F.A. Ademola of the Federal High Court ordered Kanu’s unconditional release after dismissing an application for further detention—an order that also remains unenforced.

“These persistent refusals to comply with subsisting court directives constitute a direct violation of Section 287(3) of the 1999 Constitution,” Obetta stated.

Illegal Rendition and International Violations

Obetta further highlighted that Kanu’s 2021 abduction in Kenya and subsequent transfer to Nigeria bypassed all lawful extradition procedures.

The High Court of Kenya, in Petition No. E359 of 2021, ruled that the operation was illegal and unconstitutional, awarding Kanu damages of 10 million Kenyan shillings.

Judgments of Nigerian Appellate Courts

The Court of Appeal, in October 2022 (CA/ABJ/CR/625/2022), held that Kanu’s rendition violated international law, stripped the Federal High Court of jurisdiction, and invalidated the remaining charges. It also ordered his release.

Although the Supreme Court in December 2023 restored the terrorism charges, Obetta noted that the Court did not deny the underlying constitutional breaches.

He said the conflicting judicial positions underscore the need for executive intervention “in the interest of justice, legal order, and national stability.”

Impact on National Cohesion And International Image

Obetta, who described himself as a patriotic Nigerian,
warned that the Federal Government’s repeated disobedience of court orders undermines public trust, fuels regional tension—particularly in the South-East—and damages Nigeria’s international credibility.

“A government that disregards its own courts sends a troubling message that the law is optional,” he said, citing the Supreme Court’s condemnation of executive lawlessness in Governor of Lagos State v. Ojukwu.

Key Requests to President Tinubu

Obetta called on President Tinubu to:

1. Ensure immediate compliance with all binding court judgments, including those ordering Kanu’s release.

2. Direct the release of Mazi Nnamdi Kanu in accordance with the law.

3. Advise the Attorney-General of the Federation to consider entering a nolle prosequi in the overriding public and national interest.

4. Support a reconciliatory, peaceful, and lawful resolution to reduce nationwide tension and restore confidence in Nigeria’s justice system.

Conclusion

“A nolle prosequi remains the most viable legal option to heal the wounds caused by years of unresolved litigation and constitutional violations,” Obetta said.

He urged President Tinubu to demonstrate statesmanship by restoring obedience to the rule of law and promoting national peace and unity.

 

 

 

 

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