A human rights lawyer, Barrister Christopher Chidera, has defended former Vice President Atiku Abubakar’s recent call for the release of the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, describing it as a constitutionally protected and legally sound position.
Chidera said Atiku’s statement, which described Kanu’s prolonged detention as “an open sore on our nation’s conscience and a stain on our belief in the rule of law,” was not an attempt to undermine the judiciary but a legitimate demand for justice anchored on constitutional and international legal principles.
According to the lawyer, Atiku’s call aligns with the provisions of the 1999 Constitution, the African Charter on Human and Peoples’ Rights, and binding judicial precedents that prohibit unlawful detention and double jeopardy.
“Those attacking the former Vice President for speaking up are ignoring the fact that the rule of law does not support a prosecution that began on a void foundation,” Chidera stated.
“Atiku’s comment is not an assault on the judiciary; it is a reminder that justice must not be selective or subordinated to politics,” the lawyer said.
He explained that the Court of Appeal’s 2022 judgment which discharged and acquitted Kanu on all counts due to his unlawful rendition from Kenya rendered the case a nullity arguing, “When a case is struck down for lack of jurisdiction, it cannot be revived by any court. Jurisdiction is the lifeblood of adjudication. Once it is absent, everything built on it collapses.”
Chidera further argued that the Supreme Court’s 2023 decision to remit the case to the Federal High Court does not invalidate the appellate court’s finding that Kanu’s rendition violated both domestic and international law.
According to him, “No court can cure a jurisdictional defect arising from an illegal rendition. That is why the African Charter on Human and Peoples’ Rights, which Nigeria has domesticated, remains superior in cases involving fundamental rights violations.”
He also emphasized that the African Charter guarantees the right to liberty, fair trial, and movement, which he said were clearly violated in Kanu’s case.
“Under the Charter and the Extradition Act,” he said, “every accused person must be brought to court through lawful means. Extraordinary rendition is not one of them,” Chidera said.
The lawyer cited Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act, 2022, which requires that all terrorism prosecutions comply with international law stressing, “Since Kanu was not lawfully extradited, the Federal High Court lacks jurisdiction to try him,” he added.
Chidera also maintained that retrying Kanu would amount to double jeopardy, which is expressly prohibited under Section 36(9) of the Constitution.
He explained that, “Once a person has been acquitted,” he cannot be tried again for the same offence” referencing the appellate court “discharge of Nnamdi Kanu’s October 2022 remains binding.”
He argued that Atiku’s call for Kanu’s release reflects a correct interpretation of the law and demonstrates leadership in defending constitutional supremacy.
“Atiku has once again shown that he understands the meaning of the rule of law. His statement is consistent with both legal and moral principles,” Chidera said.
He rejected the notion that this is “about politics.” On the contrary, he said, “It is about justice, due process, and respect for our own laws,” adding, “The continued detention of Nnamdi Kanu after a valid appellate acquittal raises fundamental questions about our commitment to constitutional order,” he said.
Chidera called on the Federal Government to respect court orders and international obligations by ending what he described as a “jurisdictionally void prosecution”.
“Atiku’s position is rooted in the same principles that protect every citizen from unlawful detention and abuse of power,” the lawyer said. “His critics,” he added, “misunderstand the law and misrepresent his intentions,” he said.
“Calling for Kanu’s release is not an attack on the judiciary—it is an affirmation of the Constitution’s supremacy.”
He added that Nigeria’s democratic progress depends on adherence to the rule of law and respect for judicial pronouncements warning, “If we continue to ignore valid court decisions and international human rights obligations, we risk eroding public confidence in our justice system”.
“Justice is not about convenience or politics; it is about principle. Atiku’s stand is therefore both legally defensible and morally upright,” he added.
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