₦airaland Forum

📅 Key timeline

The Law used by James Omotosho:
The TPPA 2022 repealing the 2011/2013 terrorism law took effect on 22 May 2022.

After that repeal, the legal history for Kanu:

On 13 October 2022, the appellate court acquitted him and discharged the charges.

On 15 December 2023, the Supreme Court reversed that acquittal and remitted the case to trial under a fresh prosecution.

The “new trial” (de novo) resumed after that — meaning the case was being tried after the repeal of the 2013 law.

Legally, a fresh trial cannot rely on a repealed law — only ongoing cases can.
Since Kanu’s final trial restarted after the repeal, using the old law is constitutionally weak.
In my view, the conviction is legally questionable and vulnerable on appeal.

writetopoka:
📅 Key timeline

The Law used by James Omotosho:
The TPPA 2022 repealing the 2011/2013 terrorism law took effect on 22 May 2022.

After that repeal, the legal history for Kanu:

On 13 October 2022, the appellate court acquitted him and discharged the charges.

On 15 December 2023, the Supreme Court reversed that acquittal and remitted the case to trial under a fresh prosecution.

The “new trial” (de novo) resumed after that — meaning the case was being tried after the repeal of the 2013 law.

Legally, a fresh trial cannot rely on a repealed law — only ongoing cases can.
Since Kanu’s final trial restarted after the repeal, using the old law is constitutionally weak.
In my view, the conviction is legally questionable and vulnerable on appeal.

As reasonable as this could be, Kanu should have allowed his legal teams to properly canvass this and still open his defense in the case this point is rejected. Now he hinged his fate solely on the shaky ground of this your argument. That's risky.

writetopoka:
📅 Key timeline

The Law used by James Omotosho:
The TPPA 2022 repealing the 2011/2013 terrorism law took effect on 22 May 2022.

After that repeal, the legal history for Kanu:

On 13 October 2022, the appellate court acquitted him and discharged the charges.

On 15 December 2023, the Supreme Court reversed that acquittal and remitted the case to trial under a fresh prosecution.

The “new trial” (de novo) resumed after that — meaning the case was being tried after the repeal of the 2013 law.

Legally, a fresh trial cannot rely on a repealed law — only ongoing cases can.
Since Kanu’s final trial restarted after the repeal, using the old law is constitutionally weak.
In my view, the conviction is legally questionable and vulnerable on appeal.

The Law was repealed in 2022, he was rearrested in 2021, therefore the Case was on going before the Law was repealed.

popp:
The Law was repealed in 2022, he was rearrested in 2021, therefore the Case was on going before the Law was repealed.

No, cases are officially started from the exact day you were served or dated on the law suit, not when you were arrested

Lifestone:
As reasonable as this could be, Kanu should have allowed his legal teams to properly canvass this and still open his defense in the case this point is rejected. Now he hinged his fate solely on the shaky ground of this your argument. That's risky.

He intentionally did not, because he can't defend what is not.

Once he defends, it means he have agreed that the law used in charging him was actually in existence.

But according to him, no legal law, so no defense