Nnamdi Kanu legal challenge questions revival of quashed charges

Christopher Chidera, a member of the Global Legal Consortium for Nnamdi Kanu, has issued an open letter calling on the Nigerian Bar Association and the International Bar Association to clarify the legal basis for reviving charges against the detained Indigenous People of Biafra (IPOB) leader.

Chidera is questioning the legal implications of the Supreme Court’s December 2023 judgment, which set aside a Court of Appeal decision that had previously discharged Kanu and quashed the charges. While acknowledging the Supreme Court's appellate jurisdiction, Chidera argues that the court ordered a “continuation” of the trial rather than a retrial, raising questions about what specific charges were actually restored.

The legal challenge also highlights potential issues regarding the repeal of the Terrorism Prevention Act 2011 and the Customs and Excise Management Act. Chidera suggests that the transitional provisions in the Terrorism (Prevention and Prohibition) Act 2022 must be examined to determine how proceedings initiated under the old legislation are preserved. He further cited Section 36(9) of the 1999 Constitution, which provides protections against being tried again for offenses for which a person has been previously acquitted or convicted.