Table of Contents
- Declaration by Nnamdi Kanu's Family
- Family's Reaction to the Trial
- Law and Constitution
- Issues Surrounding Detention
The family of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has asserted that the Supreme Court is not above the Constitution.
The family issued this declaration in a statement signed by their spokesperson, Prince Emmanuel Kanu, in response to matters concerning the ongoing terrorism trial of the IPOB leader.
The statement emphasized that the Supreme Court's justification for Kanu’s detention does not render it legal.
The family called on Nigerians to cease idolizing judges and to start upholding the law.
The statement read, “Many Nigerians mistakenly believe that ‘the law is what the Supreme Court dictates.’
This is incorrect. Section 1(3) of the Constitution clearly states that if any act or ruling contravenes the Constitution, it is void. Even the Supreme Court cannot legitimize illegality.
“In criminal law, a discharge and acquittal signifies complete freedom. Section 36(9) stipulates that no one shall be tried again for the same offense — this right is sacred and non-derogable.
“When the Court of Appeal acquits an individual (as was the case with Mazi Nnamdi Kanu) due to the trial court lacking jurisdiction, the matter is concluded. You cannot ‘continue’ a case that never existed legally. Attempting to do so is a form of legal sorcery — what lawyers refer to as legal necromancy.
“The Supreme Court itself acknowledged this in Ogbomor v. State (1985) — a void proceeding remains void indefinitely. Mazi Nnamdi Kanu’s case is void.
“Detaining someone after they have been discharged is illegal under both the Constitution and Article 7 of the African Charter, which Nigeria has incorporated into its law.
“Thus, Mazi Nnamdi Kanu’s detention is not ‘lawful because the Supreme Court stated so.’ The Constitution holds supreme authority — not the Supreme Court. Let’s stop idolizing judges and start upholding the law.”
Frequently Asked Questions
Is the Supreme Court above the Constitution?
No, the Supreme Court is not above the Constitution. The Constitution is the highest law, and any act or judgment that violates it is considered void.
What does a discharge and acquittal mean?
A discharge and acquittal signifies total freedom from the charges, and according to Section 36(9) of the Constitution, no one can be tried again for the same offense.
Is it legal to detain someone after they have been discharged?
No, it is illegal to detain someone after they have been discharged, as it violates both the Constitution and the African Charter.
