Igbo Elders Demand Unconditional Release of Nnamdi Kanu: Legal Grounds and Full Analysis

Published: November 19, 2025 | Learn the key arguments from the United Igbo Elders Council (UNIEC) on why Mazi Nnamdi Kanu must be freed immediately under Nigerian law.

Introduction

The call to release Nnamdi Kanu unconditionally has gained fresh momentum from Igbo elders, represented by the United Igbo Elders Council (UNIEC). In a formal statement, UNIEC pressed the Federal Government of Nigeria (FGN) to free Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), based on established Nigerian court rulings and international standards. This demand highlights ongoing debates about self-determination advocacy, terrorism charges, and the rule of law in Nigeria.

Nnamdi Kanu was arrested in 2021 and has faced trial in Abuja’s Federal High Court under Justice James Omotosho. UNIEC argues that continuing his detention violates core legal principles, especially after the repeal of the Terrorism (Prevention) (Amendment) Act 2013. This article breaks down the elders’ position in a clear, step-by-step manner, explaining legal terms for better understanding and SEO-optimized insights into the Nnamdi Kanu release controversy.

Analysis

UNIEC’s statement, signed by its Chairman of the National Advisory Committee, Major General Collins R. U. Ihekire (retd.), dissects the legal flaws in Kanu’s ongoing trial. The elders emphasize that prosecution under repealed laws is invalid, drawing on constitutional safeguards and judicial precedents.

Understanding the Repealed Terrorism Prevention Act

The charges against Kanu stem from the Terrorism (Prevention) (Amendment) Act 2013. This law was officially repealed on May 12, 2022, by the Terrorism (Prevention and Prohibition) Act 2022. Under Nigerian legal practice, a repealed statute loses all force, rendering any proceedings based on it a “nullity ab initio” – void from the beginning. Courts cannot enforce “ghost laws,” as UNIEC terms it, making Justice Omotosho’s continuation of the trial a potential breach of due process.

This repeal means all related charges automatically lapse. Pedagogically, think of it like a contract invalidated by new legislation: no court can uphold obligations from the old version.

Constitutional Principle: Nullum Crimen, Nulla Poena Sine Lege

Central to UNIEC’s argument is the Latin maxim “Nullum Crimen, Nulla Poena Sine Lege” – no crime or punishment without law. This is embedded in Sections 36(8) and 36(12) of the 1999 Nigerian Constitution (as amended). These provisions guarantee that no one can be convicted for acts not criminalized by existing law at the time of the offense. Trials under non-existent statutes are thus unconstitutional, underscoring why Igbo elders demand Nnamdi Kanu release.

UNIEC labels the trial a “fatal criminal flaw,” urging immediate cessation to uphold justice and national unity.

Summary

In essence, UNIEC views Kanu’s detention as unlawful post-repeal, a moral and constitutional imperative for release, and a step toward peace in Nigeria’s Southeast. The statement condemns selective justice, rallies Igbo leaders, and warns against political persecution disguised as legal process. This release Nnamdi Kanu unconditionally push aligns with broader calls for equity in handling separatism advocates.

Key Points

Practical Advice

For advocates, stakeholders, and concerned citizens seeking to support the Nnamdi Kanu unconditional release, here are actionable steps grounded in legal and peaceful advocacy:

Engage Legally and Peacefully

Petition relevant courts or the Attorney General of the Federation citing the repealed Act and constitutional sections. Join or form coalitions like UNIEC, focusing on dialogue over confrontation.

Leverage Media and Digital Tools

Use social media with hashtags like #ReleaseNnamdiKanu to amplify verified facts. UNIEC specifically calls for advancing “peace, digital tools, and national brotherly love.”

Collaborate with Leaders

South East governors, traditional rulers, and religious bodies should unite in formal letters to the FGN, emphasizing restorative justice.

Points of Caution

While advocating for release Nnamdi Kanu, exercise restraint to avoid escalation. UNIEC stresses moral defensibility and peace restoration – avoid inflammatory rhetoric that could incite unrest. Recognize that trials involve due process; public pressure must respect judicial independence. Politically charged issues like IPOB’s self-determination status require nuanced handling to prevent broader instability in Nigeria.

Comparison

UNIEC draws stark parallels to highlight perceived injustices in Nigeria’s justice system.

Versus Amnesty for Terrorists

Known terrorists have received amnesty, rehabilitation, and reintegration programs, yet Kanu, accused of non-violent advocacy, remains detained. This selective justice undermines equity.

Similar Cases: Sunday Igboho and Sheikh El-Zakzaky

Yoruba activist Sunday Igboho and Shiite leader Sheikh Ibrahim El-Zakzaky were released after prolonged detentions on separatism/terrorism charges. UNIEC argues Kanu’s case mirrors theirs, warning: “Injustice to one is injustice to all.” These releases followed domestic and international pressure, setting precedents for Kanu.

Legal Implications

The UNIEC demand carries significant legal weight, applicable under Nigerian jurisprudence.

Impact of Repealed Legislation

As per Section 6(6)(c) of the Nigerian Constitution, courts derive powers from existing laws. Proceedings under repealed statutes are null, per cases like A.G. Federation v. A.G. Lagos State (2013), affirming no retroactive criminality.

Constitutional Violations

Sections 36(8) prohibits conviction except for offenses defined in written law; 36(12) bars punishment without prior law. Violations could lead to appeals, potential quashing of charges, or compensation claims under the African Charter on Human and Peoples’ Rights (ratified by Nigeria).

Broader Ramifications

Sustaining the trial risks eroding public trust in judiciary, international criticism for arbitrary detention, and unrest in Igboland. Release aligns with ECOWAS Court rulings favoring Kanu in prior matters.

Conclusion

The Igbo elders’ unequivocal call to release Nnamdi Kanu unconditionally underscores a pivotal moment for Nigerian justice. By addressing repealed laws, constitutional mandates, and equity, the FGN can foster peace and unity. UNIEC’s message rallies collective action for a fairer system, reminding all: true national cohesion demands justice for every citizen. Monitor developments as this legal battle influences self-determination discourse across Africa.

FAQ

Sources

• Vanguard News: Original Article – Release Nnamdi Kanu Unconditionally (Published November 19, 2025).
• Terrorism (Prevention and Prohibition) Act 2022 (Official Gazette).
• 1999 Constitution of Nigeria (as amended), Sections 36(8) and 36(12).
• UNIEC Statement by Major General Collins R. U. Ihekire (retd.).