"No person shall be held guilty of a criminal offence that is not defined and the penalty therefore prescribed in a written law at the time the act was done.”

[Abraham Madu]

MY ANALYSIS FOCUSES ON ONE KEY QUESTION THAT IS ON THE LIPS OF THE MASSES.

FIRST QUESTION IS

If the law on which Mazi Nnamdi Kanu is tried has been repealed, what other advantage could the prosecution hold onto in his trial especially as they have closed their case without amendment of same accusations?

1. The Legal Context

Mazi Nnamdi Kanu, leader of IPOB, has been charged mainly under Nigeria’s Terrorism (Prevention and Prohibition) Act, as well as sections of the Criminal Code (e.g. treasonable felony, incitement, and unlawful broadcast).

If the specific law or sections under which he was charged were repealed, it creates a serious legal vacuum for the prosecution. Normally, under Section 36( and (12) of the 1999 Constitution (as amended):

"No person shall be held guilty of a criminal offence that is not defined and the penalty therefore prescribed in a written law at the time the act was done.”

So, if the law has been repealed without a saving clause, the prosecution cannot lawfully rely on it.

2. However — What Advantage Can the Prosecution Still Hold?

Even if the main law is repealed, prosecutors might try to re-strategize in the following ways:

(a) Rely on “Continuing Offences”

They could argue that Kanu’s alleged offences — such as incitement, unlawful broadcasting, or terrorism financing — are continuing acts that persist beyond the repeal of the law.

Example: If he is alleged to have continued to make broadcasts or lead a proscribed group even after the repeal, they can charge him under new or existing provisions that remain in force.

(b) Re-file Under a Similar or Successor Law

If the repealed law has been replaced by a new one (for example, a newer version of the Terrorism Act), the prosecution may attempt to rearrange the charges under the new law’s equivalent provisions.

But what if the prosecution team have ended their case without amendment on the issue of the repealed law.”?

That means:

The prosecution relied on charges under a law that no longer exists or has been repealed,

And they closed their case (i.e., presented all evidence and witnesses) without correcting or amending those charges to fit a valid law.

2. Legal Implication of That Step

This situation is fatal to the prosecution’s case for one core reason:

Doctrine of Nullity

When a law creating an offence no longer exists, any proceeding based on it dies automatically.

In law, it is said to be “void ab initio” (invalid from the beginning).

So, even if the prosecution presents strong evidence, the court cannot convict under a law that no longer exists or is invalid.

The relevant constitutional safeguard is Section 36( and (12) of the Nigerian Constitution:

"No person shall be held guilty of a criminal offence that is not defined and the penalty therefore prescribed in a written law.”

That means no living law = no valid offence.

In the light of the above, the presiding judge has no option than to free Mazi Nnamdi Kanu unless he is biased or compromised.

Writer: Brave Son

07/11/2025

@highlight

Uchechigeme Anyanwụụtụtụ Okwu-Kanu

Family Writers Press International

#FreeMaziNnamdiKanu

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[femi Olajide]

I'm unsure why ordinarily sensible individuals are wasting valuable time on Nnamdi Kanu who is obviously mad as a hatter. And, I mean that literally.

Is Nnamdi Kanu more qualified or knowledgeable than his bevy of lawyers?Why hasn't his lawyer based his defense on the basis of the repealed act?

The court had ruled that he does have a case to answer on his 'no case submission'.

What date was the act repealed, by who and on what basis.

Nigeria as a country plagued with terrorism will not repeal a anti-terrorism act without reenactment of another one in one stroke. Actually, amendments of an old act is most common and likely than repeal of a useful act.

In my humble opinion, Nnamdi Kanu is mentally unstable and deluded enough to believe that he can fool the courts with the lies, fake news, innuendo and outright conjectures that he flogs to his moronic followers. Fa fa foul!
Let's get serious, I think he should be locked up in prison for a long time or consigned to a mental institution for his own safety and the safety of his league of moronic followers.

The guy is barking mad!



Regards,

Femi Olajide

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