₦airaland Forum

SEVEN FLAWS IN THE DEFENCE OF NNAMDI KANU’S CASE

Having followed the proceedings and read the judgment delivered by Hon. Justice J. K. Omotosho, I found seven (7) flaws in the case of the defence that aided the decision of the learned judge. My opinion herein is not on the political side of the case. I am not interested in all that. My views are completely dispassionate and purely legal.

1. Overreliance on the Argument on Repealed Law.
The defence made too many arguments on the claim that the 2013 Terrorism Act had been repealed, treating it as a silver bullet. Whereas under our Constitution, a person can only be charged with an offence based on the law existing at the time of the offence. He was charged in 2015 under the existing 2013 law, but he continued to cite the 2022 law. Also, it is a long-established principle of law that the repeal of the 2013 law and the replacement of it with the 2022 law does not extinguish liability for acts committed while the 2013 law was in force. Moreso that the 2022 law says cases under the previous law should continue as charged.

2. Kanu’s Conduct Undermined His Innocence.
Across ten years of proceedings, Kanu repeatedly displayed conduct inconsistent with a defendant seeking justice: jumping bail, inflammatory broadcasts, open defiance of court decorum, and even insulting the trial judge. A judge is entitled to consider demeanour. Such behaviour damaged his innocence, credibility, and supported the prosecution’s narrative about his disposition and capacity to commit the alleged offences.

3. Kanu’s Numerous Suits and Appeals Aided the Trial Judge in His Judgment.
Kanu’s aggressive litigation strategy - suits in Nigeria and Kenya, multiple appeals, and constitutional challenges eventually boomeranged. The Supreme Court resolved virtually all key issues (extraordinary rendition, fair hearing, charge competence, jurisdiction), leaving Justice Omotosho with a legally fortified framework. In fact, those cases aided the judge to effortlessly reach an easy conclusion on strong positions of law over those key issues.

4. Repeated Attempts to Delay Defence Despite Court Indulgence.
Justice Omotosho was magnanimous enough to grant five (5) adjournments at the instance of the defence, and he exhibited uncommon patience. However, Kanu repeatedly refused to open his defence. This pattern signaled deliberate obstruction. Under ACJA, a court cannot be held hostage by endless delays. Indeed, the judge’s unmatched forbearing spirit is a special grace.

5. Debriefing Three SANs at the Most Critical Stage.
At the point where expert criminal defence was most needed, Kanu debriefed his team of highly experienced Senior Advocates. This was a catastrophic strategic mistake. No matter how intelligent, no accused person can competently handle a terrorism trial alone. Even lawyers do not conduct their own cases. This decision left him legally vulnerable and without a coherent defence structure.

6. Filing Repetitive Applications on Issues Already Settled by the Supreme Courts
Instead of mounting a substantive defence, Kanu spent his defence stage filing motions on issues already decided by the Supreme Court. This was legally futile - a lower court cannot revisit settled appellate issues. The result was wasted time, a hollow defence strategy, and a perception that he had no real case to present.

7. Resting His Case on the Prosecution’s Overwhelming Evidence.
All the above led Kanu to a sole choice of resting his case on that of the prosecution. Choosing not to call a single witness, not to tender evidence, and not to rebut the prosecution’s extensive videos, broadcasts, physical exhibits, reports of deaths, and records of violence was effectively conceding the field. Resting on the prosecution’s case is only viable where the prosecution is weak. Here, the evidence was massive and detailed. The decision was strategically suicidal.

Conclusion
In all these, the judge remained fair, patient, and firmly acted and decided based on the law. No matter how intelligent a person is, one cannot perform surgery on oneself, much less when one is not a surgeon. Even lawyers entrust their own personal matters to other lawyers for objectivity and professional strength. Kanu was either poorly advised, driven by a flawed strategy, or simply chose to ignore wise counsel and embark on a path that proved legally suicidal. As things stand, this judgment is unlikely to be easily disturbed on appeal. Time will tell. Let us wait and see.

- Olajide Adewale, Esq.

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Toh

The defense team were just incompetent

When I saw the headline, I went straight to check who authors the article, lol and behold a Yoruba name. This people level of tribalism and hatred for Igbos is incredibly alarming, some of them have become senseless because they want defend their tribes man.

Like I said, you be very powerful and manipulatively curning defending the evil today but I know ' God (nature) abhors injustice and will always find a way to recompence injustice, that's why we have karma.

Quodseverismete:
When I saw the headline, I went straight to check who authors the article, lol and behold a Yoruba name. This people level of tribalism and hatred for Igbos is incredibly alarming, some of them have become senseless because they want defend their tribes man.

Like I said, you be very powerful and manipulatively curning defending the evil today but I know ' God (nature) abhors injustice and will always find a way to recompence injustiice, that's why we have karma.

You have all relied on whataboutism, false accusation and slander on the Judge and even tribalism and victimhood.

You can all go on Appeal with these senseless sentiments .

The analysis is solid.

He felt he was untouchable, he didn't show any remorse for his crimes. It was only at the end he was now full with regrets

Those who the gods want to destroy, they first made mad.

It's the hands of the gods of our land which Nnamdi Kanu and his army of miscreants have desecrated.

Quodseverismete:
When I saw the headline, I went straight to check who authors the article, lol and behold a Yoruba name. This people level of tribalism and hatred for Igbos is incredibly alarming, some of them have become senseless because they want defend their tribes man.

Like I said, you be very powerful and manipulatively curning defending the evil today but I know ' God (nature) abhors injustice and will always find a way to recompence injustice, that's why we have karma.

Yorubas are law gurus, so listen to them when they discuss law with you.

HgAkpobomeEr:
The analysis is solid.

Yes, but Nnamdi Kanu would have said "You don't know law"

Salewa97:
Toh

The defense team were just incompetent

There's nothing the defense could have done with the insurmountable evidence brought by the prosecution before the court.

A wise legal team ought to have explored a plea bargain with the government through the AGF that would have had political bargaining attached.

What I meant above is that Kanu's legal team should have approached the govt to drop all the serious charges in exchange for kanu pleading guilty on lesser charges and renouncing his agitation before the court and wider public.

I believe in the course of this case before Justice Omotosho, Agabi had informed the court of his client decision to negotiate with the govt to which the prosecution did not object and said they had no issues with such agreement nor any personal disagreement with Kanu that he is free to negotiate with the government.

But for some reason nothing was heard about this proposal in the next sitting.

Obviously, Kanu rejected any concession from the AGF's office.



Nothing was heard of such application in subsequent court sessions which would have

CannibalEast:
Yorubas are law gurus, so listen to them when they discuss law with you.

The scariest thing I got out of the outcome of this case is how in real time these people began to weave their web of lies and deceit and to accuse the judge of being biased and corrupt.

The author of this piece made it abundantly clear in the most simplest layman terms how the issue of a repealed law can not halt an ongoing prosecution which is what Omotosho read out in his final ruling.

But for some reason they are still harping on this foreclosed issue which can easily be cross referenced with the amended act.

Victimhood and whataboutism has also been deployed with their ace tribalism card.

Now if they can be so dishonest in the face of what we are all witnessing in real time, how then can all their innocent victimized claims during the civil war be ?

Achebe and co never stopped their war time propaganda on the civil war and this is the genesis of the problem because if Achebe had a honest bone in him, and wrote objectively we won't have all these Biafra agitators like kanu who have been sold and programmed since birth with lies.

Its a pity.

Now we are seeing them trying to make a hero of this obviously insane megalomaniac who orchestrated the greatest instability and killings in the SE since the civil war.

Good analysis.

You don’t know law

I bet the writer of this junk barely passed law school

You go school well well.

DomPerignon:
The scariest thing I got out of the outcome of this case is how in real time these people began to weave their web of lies and deceit and to accuse the judge of being biased and corrupt.

The author of this piece made it abundantly clear in the most simplest layman terms how the issue of a repealed law can not halt an ongoing prosecution which is what Omotosho read out in his final ruling.

But for some reason they are still harping on this foreclosed issue which can easily be cross referenced with the amended act.

Victimhood and whataboutism has also been deployed with their ace tribalism card.

Now if they can be so dishonest in the face of what we are all witnessing in real time, how then can all their innocent victimized claims during the civil war be ?

Achebe and co never stopped their war time propaganda on the civil war and this is the genesis of the problem because if Achebe had a honest bone in him, and wrote objectively we won't have all these Biafra agitators like kanu who have been sold and programmed since birth with lies.

Its a pity.

Now we are seeing them trying to make a hero of this obviously insane megalomaniac who orchestrated the greatest instability and killings in the SE since the civil war.

Osuruike no dey get brain