Table of Contents
Bruce Fein, international counsel for Nnamdi Kanu, has addressed a letter to Justice James Omotosho, the judge overseeing the trial of the leader of the Indigenous People of Biafra (IPOB).
In the correspondence dated October 28, 2025, titled ‘Dismissal of Prosecution of Mazi Nnamdi Kanu for Lack of Jurisdiction,’ the attorney urged the judge to dismiss the terrorism charges brought against the IPOB leader by the Nigerian government.
Fein asserted that the Nigerian government is violating its own laws as well as international statutes by continuing to detain and prosecute Kanu.
The international counsel warned Justice Omotosho that he could be ‘legally implicated’ in the alleged crimes committed by the Nigerian government if he refuses to dismiss the charges against Kanu.
The letter stated: “No government should benefit from its own criminal actions. This principle has been a binding legal standard throughout history.
“Justice is the foundation of government and civil society. Nothing is more unjust than a government profiting from its own offenses. Renowned United States Supreme Court Justice Louis D. Brandeis stated in Olmstead v. United States (1928):
“In a government of laws, the existence of the government will be jeopardized if it fails to adhere to the law meticulously. Our Government serves as a powerful, omnipresent educator. For better or worse, it instructs the entire populace through its example. Crime is infectious. If the Government becomes a lawbreaker, it fosters disrespect for the law; it encourages every individual to act as a law unto themselves; it incites anarchy. To assert that, in the enforcement of criminal law, the end justifies the means — to assert that the Government may commit crimes to secure the conviction of a private individual — would result in severe consequences.”
“The United Nations Working Group on Arbitrary Detention and Nigerian courts have both concluded that the Federal Government of Nigeria has committed numerous crimes in forcibly bringing Mazi Nnamdi Kanu within this Court's questionable jurisdiction. The Government's crimes include kidnapping, torture, and extraordinary rendition. These are universally recognized jus cogens crimes under international law that bind Nigeria, with or without its consent. They negate Nigerian courts' jurisdiction to prosecute Mr. Kanu in order to prevent the Government of Nigeria from profiting from its own offenses. Consequently, the Working Group, in paragraph 107 of its Opinion dated July 20, 2022, mandated the “immediate unconditional” release of Mr. Kanu by the Government of Nigeria.
“Following orders is no defense to universal crimes. If you do not dismiss all pending charges against Mr. Kanu for lack of jurisdiction, you will be legally implicated in the crimes committed by the Government of Nigeria in bringing Mr. Kanu before your tribunal. You will expose yourself to prosecution before the International Criminal Court. You will have failed in your professional duty to ensure that justice prevails.”
According to DAILY POST, Kanu has declined to enter a defense, maintaining that the Nigerian government has no legitimate case against him.
The Nigerian government has concluded its case against the IPOB leader, but in light of Kanu’s refusal to provide a defense, the court has postponed the trial until November 4, 2025.
Frequently Asked Questions
What are the charges against Nnamdi Kanu?
Nnamdi Kanu faces terrorism charges brought by the Nigerian government, which his counsel argues should be dismissed due to lack of jurisdiction.
What is the current status of Kanu's trial?
The trial is currently adjourned until November 4, 2025, following Kanu's refusal to enter a defense.
What legal arguments are being made by Kanu's counsel?
Kanu's counsel argues that the Nigerian government is violating both its own laws and international statutes by detaining and prosecuting him, and that the charges should be dismissed to prevent the government from profiting from its alleged crimes.
